Eaton v. Eaton

The opinion of the court was delivered by

Burch, J.:

The question involved is when privilege must be exercised to avoid civil process served in this state on a nonresident present in the state at the trial of a criminal action against him, and pursuant to bond given for his appearance.

While the plaintiff, Mary J. Eaton, and her husband, Ross A. Eaton, the defendant, were domiciled in Texas, they separated under circumstances which qualified the wife to acquire a separate domicile in Kansas. In February, 1923, she. commenced an action for divorce and alimony, and service was made on defendant…