Bumgarner v. Bumgarner

The defendant demurs ore tennis in this Court on the ground that the issuing and serving of a second summons, with a copy of the amended complaint, constitutes a new action; and, that the allegations in the amended complaint are insufficient to give the court jurisdiction in a suit for alimony.

The so-called amended complaint is only an amendment to the original complaint in this cause, and it is so stated therein. We think the complaint as amended does allege sufficient facts, if proven, to support a claim for alimony without divorce.

The issuing and serving of an additional summons in…