Rogers v. Jarman
Rogers v. Jarman, 3 N.J.L. 527 (1809)
Summary
ON CERTIORARI,
Summons if served on a wife, must be at lier home.
The defendant below did not appear on the return of the summons, and the justice proceeded to try the cause in his absence. It was moved to reverse the judgment of the justice for the insufficiency of the return of the constable; for although it appeared by the return, that the constable had served the summons in due time, by leaving a copy with defendant's wife, yet the comise! for the defendant below, who was the plaintiff here, allcdgcd tisat the fact was, that the summons was served on the wife of the defendant, while she was from home, in a different county from that which the defendant resided in.
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Opinion of the Court
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By the Court.
. -The act of Assembly requires the summons, unless served personally on the defendant, to be served at his dwelling-house, or last placo of abode; and that certified by the return of the officer. This not having been done, the judgment must be Reversed.
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