Humphries v. Hester

In this case, there is but one assignment of error that appears to be meritorious. That assignment is based upon the fact that R. W. McBride was a party defendant to the suit; that no service binding on such defendant was had; that a decree pro confesso was entered against R. W. McBride without service having been had upon him; and that therefore the court was without jurisdiction to enter a final decree, as long as defendant R. W. McBride stood as a party defendant to the suit and the cause was not at issue as to him.

Constructive service upon the defendant R. W. McBride was necessarily…