Wood v. Wood

Hastings, J.,

delivering the opinion of the Court:

The petition in the above stated case was filed on October 28, 1909, and the writ was issued on the following day, commanding the defendant to appear on Monday, the first day of November, 1909. The return on this writ was “non est inventus.” On November 13, 1909, two days before the parties appeared for the trial of the case, counsel for the defendant appeared and filed a paper, signed by the defendant, in the presence of two witnesses, empowering and directing him to appear for the defendant and stating therein that such appearance should be…