Sanderson v. Ohio Central Railroad & Coal Co.

This is an appeal from an order setting aside and vacating the service of the summons in the action. It is *610not contended by the attorney for the appellants that the court below erred in holding that there never had been any proper service of the summons in the action upon the respondent company; but it is insisted that the respondent had, by its attorney, appeared generally in the action, and that such appearance waived all irregularities in the service of the summons, and for that reason the motion to set aside and vacate the service should have been denied.

We agree with the learned circuit…