Delph v. Smith

Plaintiff and appellant brought suit in assumpsit in Wayne county circuit court against her former husband, the defendant and appellee herein. The' suit'was'based upon 'a default judgment entered in her favor in the' supreme court of' New York on August 3,1948, in the sum of $2,763.95,.-plus interest.

By answer and at trial the defendant-appellee attacked the New York judgment as invalid because of defects in the summons and complaint, and because he claimed that he had never been personally served., . .

The defects complained of are that, on the summons as contained in this record, no return…