Ballard Ex Rel. Ballard v. Buist

I dissent, believing the main opinion misconceives the function of process, confuses the matter of jurisdiction over persons and subject matter and cites but one case which is no authority under the facts of this case.

The opinion asserts that an assault and battery action was commenced. Nothing was commenced. The purported process was no process at all since it purported to be that of someone sui juris, whereas plaintiff clearly was non sui juris,3 having no capacity whatever to have process issued in his name. The main opinion concedes this by admitting the process was vulnerable to attack…