Haisman v. Crismar

OPINION

By SMITH, J.

The only question urged in this case and submitted to the court is as to whether the plaintiff below had a right to prosecute this case against her. There is no question but what the original service on her while she was a minor was defective. The filing of her original answer on January 14th, 1931, did not waive the statutory requirement as to service on a minor. Neither, she nor anyone else on her behalf could waive the requirements of the statute as to service on her as a minor. It is urged by counsel for defendant in error that permitting said answer to remain on file…