Reel v. . Boyd

Defendant demurred to the complaint for that summons had not been served within ten days after it was issued, and that no alias or pluries summons had been issued in the action. The demurrer cannot be sustained upon this ground. Defendant by his general appearance in the action waived all defects with respect to service of summons. The statute provides tbat a voluntary appearance by a defendant is equivalent to personal service of summons. C. S., 490. An appearance for the purpose of filing a demurrer to the complaint is a voluntary, general appearance, and the court in which the action was…