Legg against Stillman and others

Legg against Stillman and others. The return of a summons in a justice’s court, personally served, and stating the time when, is sufficient. On certiorari to a Justice’s Court. The suit was by summons in the Court below, by Stillman and others against Legg, and the constable returned the summons thus: “ Personally served, May 14th, 1822. Fees $0 13. Thomas McKnight, const.” The return was objected to as insufficient but the objection was overruled by the Justice. H. Stephens, for the plaintiff in error. N. Dayton, contra. [MAJORITY — Curia.] Curia. In Wheeler v. Lampman, (14 John. 481,) it was decided, that the constable must state the manner and time of the service, and both are required by the statute. (1 R. L. 388, s. 2.) The time is material, that it may appear whether the service was made six days before the return day; but there is no dispute about the sufficiency of the return under consideration, in this respect. The manner is state very briefly—“ personally.” This mode is, we think, justified by the act, which, in the section cited, recognizes a summons served by reading it to the defendant, &c., as personally served. Judgment affirmed.