35.100 - Issuance of summons; when unnecessary.

35.100  Issuance of summons; when unnecessary.  When the complaint is filed without leave and notice, or upon leave and notice in case all the defendants do not appear, a summons shall issue and be served as in other cases. When all the defendants appear to oppose the filing of the complaint, no summons need issue.

      [1911 CPA § 723; RL § 5665; NCL § 9212]