Whisonant v. Belue

The opinion -of the Court was delivered by

Mr. Justice Fraser.

The agreed statement in the case reads:

“This action was commenced by the plaintiffs on the 7th day of- April, 1923, by the service of summons, complaint, and order upon the defendants, as shown by the pleadings set out in the case. The nature of the action being an issue, the pleadings are set out in full. A bond was'attached to original complaint, but no copy served on defendant, but the complaint was verified.

“On the day required by the order or rule to show cause, to wit, April 12th, the attorneys for the defendants appeared and…