Alexander v. Davis

Hawkins, Justice.

The exception here is to the dismissal of the plaintiff’s suit on motion of counsel for the defendants, that the court was without jurisdiction since none of the defendants was a resident of Polk County when the suit was filed and there was no waiver of jurisdiction. The allegation of the petition was that two of the defendants were nonresidents, but that the third defendant was a resident of Polk County. A general demurrer and answer were filed, and the answer denied all the paragraphs of the petition. The evidence during the trial showed without contradiction that none of…