Jordan v. Charles S. Martin Distributing Co.

The third paragraph of the motion to set aside the judgment is as follows: “Movant shows that she never waived jurisdiction of the person but had to plead to said case because she was served by second original by the Sheriff of Cherokee County.” Construing this paragraph most strongly against the plaintiff, it means only that jurisdiction of the person of the plaintiff was not waived by her filing defensive pleading. This allegation is not sufficient as against the demurrers filed because the petition does not allege that the petitioner did not in any way submit to the jurisdiction of the…