Millett v. American Mica Co.

1. Where an equitable suit is filed the number of days before the appearance term of court, as prescribed by statute, against several defendants, some of whom are non-residents, and the petition is duly served upon the resident defendants within the time required by the statute, and no service is perfected on the non-resident defendants, but all of them appear at the first term as designated in the process, and, without excepting to the failure to serve them, file general demurrers to the petition on the ground that it fails to set forth a cause of action against them, a judgment sustaining…