
    Pilkey v. Gleason et al.
    
    An amended return of the sheriff to the service of the original notice, cannot be made in this court.
    A return of the service of an original notice, in the words following: “ This came to hand the 26th August, 1854; served the within notice on the within named defendants, by reading to Silas S. Carpenter, John B. Craig. No copy •of petition or notiee demanded — within on the 26th day of August, 1854. Served on the Games Gleason, by leaving a copy at his residence, with a ■member of his family, over the age of fourteen years, to wit: his respected with — this 36th August, 1854,” and signed by the sheriff, shows no sufficient ■service on Gleason, not only on the ground of variance between the names, but for the reason that there is not sufficient certainty as to the service on a member of his family.
    
      Appeal from the Davis District Gourl.
    
    Suit was brought by Pilkey in tbe District Court of Davis ■county, against Stiles S. Carpenter, James Gleason and Joba R. Craig. Tbe original notice was returned, as follows:
    “ This came to band tbe 26tb August, 1854. Served tbe within notice on tbe within named defendants, by reading to Stiles S. Carpenter, John R. Craig. No copy of petition ■or notice demanded — within on tbe 26th day of August, 1854. Served on tbe Games Gleason, by leaving a copy at bis residence, with a member of bis family over tbe age of fourteen years, to wit: bis respected with — this 30th August, 1854.
    “Vm. S. MaetiN, Sheriff?
    
    None of the defendants appeared, and judgment by default was rendered against all of them. Gleason appeals, and makes tbe following assignment of errors: 1. Tbe court bad no jurisdiction of bis person; 2. He was not. served witb notice; 3. He bad no day in court.. Tbe ap-pellee moved in this court, for leave to file an amended return of tbe sheriff to tbe service of tbe original notice..
    
      Knapp & Caldwellj for tbe appellant-..
    
      David P. Palmer,, for tbe appellee.
   WoodwaRD,. J.

Tbe motion for leave to file an amended return of tbe sheriff' to tbe service of tbe original notice in this cause, is overruled,, upon tbe-ground that sucb an amendment cannot be made in tbis court.

Tbe only question presented by tbis record is, whether there was legal service upon Gleason.? We cannot regard it as sufficient. Tbe variance in tbe name, if intended for James.Gleason,, is too great; and were be named properly,, there is not sufficient certainty as to tbe service on a member of bis family. The service is what gives jurisdiction of the-person, and it ought to be reasonably clear and certain. The-judgment is reversed as to Gleason, tbe appellant..  