Risedorf v. Fyfe

Mr. Presiding Justice Holdom

delivered the opinion of the court.

This is an action on the case for personal injuries resulting from the automobile of defendant striking and injuring the plaintiff. Originally James Fyfe and his wife, Ruth Fyfe, were defendants. At the trial defendant Ruth Fyfe was dismissed out of the case.

The defendant, James Fyfe, was served with a pluries summons returnable to the January term, 1926, of the court, and as to Ruth Fyfe, pluries. summons was returned not found. The summons was served too late for the January term, and under the statute the cause stood continued…