Summons

In Common-Law Practice. The name of a writ commanding the sheriff, or other authorized oflfiicer, to notify a party to appear in court to answer a complaint made against him, and in the said writ specified, on a day therein mentioned.

Viner, Abr.; 2 Sellon, Prac. 356; 3 Bl. Comm. 279.

The writ of summons was substituted by St. 2 Wm. IV. c. 39, for the original writs by which actions were formerly commenced. In Code Practice. The proceeding to commence an action in many of the code states consists of a notice to defendant, requiring him to serve an answer to the complaint. It is ordinarily signed by the plaintiff or his attorney, bears no teste, and is not process. It may be served by any disinterested person or by the attorney. In other code states the summons^ runs in the name of the state or people, is issued by the clerk under seal, and is served by the sheriff. Some of the states permit the use of either of these, two modes of summons.

See Process.