Polock

delivered the opinion of the Court. The record in this cause is encumbered with trivial and frivolous objections, taken, in some instances, to a proper exercise of discretion by the Court below. The summons issued was in the form provided by the old Practice Act. After many rulings and counter-rulings by the Court, and exceptions by counsel, the Court gave the plaintiff leave to amend his complaint and summons. From this order the defendants appealed. The point on which the defendants seem most to rely is, that the Court had no power to allow the plaintiff to- amend the summons; that if it was defective, the Court could not cure the defect. The Practice Act of 1851 provides that the summons shall contain a notice to the defendant of the nature of the demand; and that unless he appear and answer within the time therein specified, judgment by default will be taken against him. The summons in this case does not contain this notice.

The process of a Court is, to a certain extent, within its own control. The object of the summons is to put the party upon notice of the demand against him. The summons first issued was sufficient for this purpose. If the plaintiff had taken judgment by…