What are the grounds for setting aside a writ of summons?
Saskatchewan, Canada
The following excerpt is from De Laval Company v. Milhoborski, 1926 CanLII 196 (SK QB):
With regard to the third ground, that the writ was served upon the wrong party, having been served upon the defendant’s wife instead of upon him personally, the case of Nelson v. Pastorino, 49 L.T. 564, is authority for the defendant coming in in such a case and applying to have the service set aside, and upon both of these grounds I think that the service of the writ of summons was bad and should be set aside.
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