Morris v. Drescher

On Motion for Rehearing.

Appellant contends that he can, on motion for rehearing in this court for the first time, raise and take advantage of the fact that the record does not affirmatively show due service of citation on the minor, Dorothy Lynn Drescher, even though it does affirmatively show that she appeared in person and by attorney and by guardian ad litem and answered and successfully defended against the cause asserted by him.

The suit was instituted on October 2, 1935; Floyd L. Drescher died on December 23, 1935, and the cause did not come on for trial until February 22, 1937. It does…