Matthew v. Fleetwood

Appearance—Waiver of Objections—Summons—Defective Issuance—■ Waiver. In assumpsit on a book account, defendant, by appearing and not objecting to the issuance of summons without the affidavit required by statute, waived the defect, and, having confessed judgment, released the error committed in issuing the summons.

Certiorari directed to a justice of the peace to send up a transcript of his record in an action before him by Granville Matthew against Thomas W. Fleetwood, wherein judgment was rendered for the plaintiff. The defendant brings exceptions which were overruled. The exceptions relied upon for the reversal of the judgment were: (1) for that it does not appear from said record that the justice was satisfied by the oath of the plaintiff before issuing the summons returnable forthwith that there was danger of losing the benefit of said process by delay; (2) for that the record does not show the jurisdiction of the justice in such case.