12-415. Summons in such cases; procedure.
12-415
12-415. Summons in such cases; procedure.On the filing of such petition the person or officer filing the same mayfile a praecipe with the clerk of such court, requiring him or her to issuea summons in said action, directed to the sheriff of said county, notifyingsuch persons as may be named in such praecipe of the pendency of suchaction, and said clerk shall thereupon issue such summons in the form,manner and name in which, and of the purport of the summons provided for incivil actions under said code of civil procedure, and the said sheriffshall serve the same upon the persons named therein, and the same shall bereturnable and he or she shall return the same in like manner as isprovided by law for the service and return of summons in civil actionsunder said code; and such person or officer filing such petition shallcause a notice of the pendency of such action to be published for the timeand in the manner as provided in Laws of 1909, chapter 182, section 80 [*],for the publication of a summons in a civil action.
Such notice shall state the court in which the petition is filed, thename of the person or officer filing the same, the substance of the prayerthereof, and shall be addressed to all persons and corporations interestedin the establishment on the records of the county (naming it), of thechart, map or plat of the town, village or city, as the case may be (namingit), and shall require that an answer or answers to said petition be filedon or before the time fixed therein, which time shall be the same asprovided for in said section of the civil code of procedure, or suchpetition will be taken as true, and such chart, map or plat so establishedas prayed for; and no other naming of the persons or corporations, publicor private, interested in said action, than as in this section provided,shall be required.
History: L. 1872, ch. 160, § 3; March 28; R.S. 1923, § 12-415.