Warren v. Federal Land Bank

(After stating the foregoing facts.) We think the learned trial judge erred in dismissing the petition. In our opinion, none of the grounds of the motion presented a valid objection to the action.

We shall consider the last ground of the demurrer first, because process is jurisdictional, and failure to attach process is fatal to any action. The objection here raised is that the plaintiffs failed to pray for process. Without deciding whether it is necessary in any case that there should be a prayer for process, though usually such prayer is inserted in petitions, it is very easy to see that in…