Lassen v. Aronson

The failure to comply with the provisions of section 1897 of the Code is fatal to the validity of the service of the summons, and leaves, the court without jurisdiction over the person of the defendant. The -defect was not remedied by the defendant’s appearance for the reason that it did not appear upon the face of the summons.

Defendant has leave to withdraw his notice of appearance. Summons set aside and complaint dismissed, with costs.