Everitt v. Everitt

Plaintiff served a summons on defendant, a nonresident, bearing a notice that in the event of default judgment would be taken against her for the sum of $46,900. Defendant interposed a general notice of appearance and demanded that a copy of the complaint be served upon her attorneys. The complaint contained not only a first cause of action to recover the sum of $46,900 on an express contract, but a second cause of action to recover $1,500 on an alleged subsequent modification of the contract, and a third cause of action to recover $350,000 for libel. Defendant’s motion to strike out the…