We think the defect in the summons was not jurisdictional. Ordinarily, therefore, it would have been in order to permit the plaintiff to supply the omission on proper terms. In this case, by reason of the vacating of the premises, the action in ejectment became moot and the court could exercise its discretion in granting defendant's motion to set aside the service of the summons.
Order unanimously affirmed, with $20 costs and disbursements, and the motion to dismiss...
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