Smith v. Canada

WADDILL, Commissioner.

This is an appeal from a judgment of the Pike circuit court adjudging void a previous judgment and order of sale of that court. The trial court held that in the previous action appellees, who were infants at the time, were not served with summons as provided by Civil Code of Practice, § 52. Appellants urge as grounds for reversal that: (1) Although appellees’ father was alive at the time the previous action was brought, it was not necessary to deliver summons to him in order to bring the infants before the court, as he was at the time confined in the penitentiary; (2)…