McGrath v. Roefs

Defendant has moved for an order directing that the complaint herein be dismissed on the ground that the court did not acquire jurisdiction of the person of the defendant. It appears from the papers submitted on the motion that Patrick McGrath instituted an action against Desire Roefs, who is an infant over the age of fourteen years, to wit, eighteen years of age; that the summons was served upon the infant defendant only; that thereafter an answer was filed and issue joined.

Defendant contends that the court never acquired jurisdiction over the defendant, for the service of the summons herein…