Cushing v. Cushing

The questions raised by this appeal are: (1) Was the service of summons and notice had upon defendant in North Carolina invalid? (2) Did the pendency of the South. Carolina action between these parties for the same cause abate this action? (3) Should the demurrer ore tenas be sustained? These questions will be discussed and answered seriatim.(1) Defendant was not immune from service of process. when he came into North Carolina to see his child. He did not come into the State as a witness in obedience to a summons, G.S. 8-68; nor had he been brought into the State by extradition based on a…