Eddings

Appeal from judgment of dismissal and two orders subsequent thereto and motion to dismiss appeal.

Questions Presented

1. Must plaintiff pay the sanction in order to have the appeal heard ?

2. Is the appeal moot ?

3. Did the court have jurisdiction to make the judgment and orders appealed from? No.

Record.

Plaintiff Lewis Eddings, a minor, was injured by being struck by an automobile driven by defendant Marie E. Demelara, and owned by defendants Lee White and Herbert Richards, doing business as Arthur Murray Dance Studios. On February 21, 1958, plaintiff Lewis Eddings, a minor, by his guardian ad litem, and plaintiffs Lewis Thomas Eddings and Repha Mae Eddings, husband and wife, filed complaint against defendants Demelara, White and Richards for damages resulting from said accident.

On September 16, 1958, service of summons and complaint was ordered made on defendant Demelara by publication. Publication was completed and personal service was made upon her in Nicaragua on December 27, 1958. February 24, 1959, defendant Demelara appeared specially and moved to quash service of summons. The motion was denied. Defendant Demelara made no further appearance and on July 9, 1959,…