McNevins v. McNevins

Chiee Justice Campbell

delivered the opinion of the court.

This is an action for divorce in which there was a decree for the plantiff. The defendant appeared specially by her attorney, and moved the court to quash the summons upon the ground that the writ served upon her was issud by the judge of the court under his hand and seal, at a time when there was a duly appointed, qualified, and acting clerk of the court. The motion was overruled, whereupon the defendant, by her counsel, elected to stand by her motion, and withdrew from further participation in the case. The action then proceeded to a…