Dennis v. McCasland

Mr. Judge GERMAN

delivered the opinion of the Commission of Appeals, Section A.

This cause was instituted by plaintiff in error, Mattie A. Dennis, joined by her husband, and was in the nature of a motion for new trial under Article 2236 of the Revised Statutes of 1925. The purpose was to set aside a judgment entered against H. M. Ralston and the “Unknown Heirs of H. M. Ralston” in favor of defendant in error, J. N. McCasland, which judgment was based on service by publication as provided by Articles 2039 and 2040 of the Revised Statutes of 1925. The judgment was one awarding to defendant in…