Forrester v. Forrester

(After stating the foregoing facts.) We think that the judge of the superior court properly overruled the motion to dismiss the plaintiff’s equitable petition. To this motion to dismiss, as set forth in the statement of facts, the presiding judge attached the following qualifying note: “ It was admitted by attorneys Passmore & Forehand that all legal requirements for service had been met.” The lack of jurisdiction which is asserted by the plaintiff in error depends upon the insistence that a judgment for alimony being an action'in personam, and the defendant husband being a non-resident of…