Milam v. Terrell

Duckworth, Chief Justice.

“If a defendant shall appear and plead to the merits, without pleading to the jurisdiction, and without excepting thereto, he shall thereby admit the jurisdiction of the court.” Code § 81-503. The caveators filed objections to the probate of the will on the ground that the Court of Ordinary of Floyd County was without jurisdiction, a guardian having been appointed for the alleged incompetent testator in Bartow County. The question is, did the amendment to the above caveat, filed thereafter, without filing it subject to the plea to the jurisdiction contained therein,…