McCary v. McCary

STÁKELY, Justice.

This is an appeal from a decree of the equity court overruling the demurrer of William N. McCary (appellant) to the bill of complaint, as amended, filed against him by Nell McCary (appellee). Counsel state the first assignment of error as follows: “The court erred in taking a submission upon the amended bill and demurrer in the absence of the record showing notice to the demurrant of the time and place of taking the submission or the appearance of the demurrant at the time of submission either in person or by his solicitors of record.” Of course a defendant who demurs to a…