McINERNEY'S, INC. v. Dunford

This action was begun by filing of declaration and notice to plead, with affidavit of account stated, on March 27, 1952. From a judgment for plaintiff taken after entry of defendants’ default, defendant Edna Dunford takes an appeal.

Though not so described in the declaration nor in any pleading on the part of plaintiff, the defendants William C. Dunford and Edna Dunford were,, at the time of service upon them, as defendants of a copy of the declaration and rule to plead on March 27, 1952, actually husband and wife. A divorce cause was then pending between the 2 parties. Defendant William C.…