Page:North Dakota Reports (vol. 1).pdf/579

 mons, and by mailing a copy of the summons to them with a copy of the complaint attached thereto. The summons, as published and mailed, was irregular in this: It omitted from its title the name of defendant Frank L. Lovejoy. Russell received the summons as published, by mail, and with it a copy of the original complaint on file, which embraced the names of all of the three defendants. Defendant Russell duly appeared by his attorneys, who served a written notice of appearance on the attorneys for the plaintiff, and demanded that a copy of plaintiff's complaint be served upon them. The notice of appearance on behalf of Russell was entitled, as was the summons which was published and mailed, i. e., such notice omitted from the title of the action the name of Frank L. Lovejoy as a defendant. In response to the notice of appearance served in be of the defendant Russell, the attorneys for plaintiff served upon Russell’s attorney a true copy of the original complaint on file, properly entitled with the names of all three defendants in this action. Russell’s attorneys retained the copy of the complaint, and did not move to correct the irregularity, nor to strike out the complaint for inconsistency with the summons as published. Held, that the defect was not jurisdictional. The irregularity was waived by omitting to take proper steps to correct the complaint or strike it out. Russell, having made default, and not having answered or demurred to the complaint, could not be then heard to object to the entry of judgment upon the ground that he had not been served with the summons, or appeared voluntarily in the action. Nashua Bank v. Lovejoy, 211.

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The summons and complaint mailed to the defendant were taken from the postoffice by defendant’s husband, and delivered to her in a sealed envelope. Held, not personal service, within the meaning of the statute permitting personal service without the state as a substitute for publication and deposit in the postoffice. R. I. Hospital Trust Co. v. Keeney, 411.

(Service within thirty days after attachment. See Attachment.)

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Limits of original jurisdiction of the supreme court of this state declared. State v. Nelson Co., 88.

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1. Must be for a public purpose. State v. Nelson Co., 88.

2. Support of poor is a public purpose. Id.

{{sc|Taxable PROPERTY.

The defendant county, through its treasurer, sold certain lands for delinquent taxes at the annual tax-sale in October, 1885. The lands so sold were a part of the original grant by the general government to the Northern Pacific Railroad Company. The lands were surveyed at the expense of the United States, and earned by said company after