Wall
Wall v. Hunter
Opinion
Lead Opinion
Nourse, J.
This is an appeal by plaintiff from a judgment dismissing her action as to the defendant John J. Wall upon the ground that she had failed to comply with a demand for security for costs in the action, she being a nonresident of the state. The action was commenced on August 19, 1919, by plaintiff against three defendants, Hunter, Wall, and Winder, charging, them with alienating the affections of her husband and in procuring him to make a will disinheriting her. Summons was served upon the defendant Wall while he was in attendance upon the superior court in Riverside County during the progress of plaintiff’s contest of the will of her husband. On May 5, 1920, the defendant Wall served and filed his special appearance in this action and at the same time gave notice of motion to quash the service of summons upon the ground that he was a resident of the state of Nevada and was served while in attendance upon the court as a suitor and party interested in said proceedings and as a witness thereat. On the same day the defendant Wall served and filed a demurrer to plaintiff’s complaint upon the sole ground that the trial court had no jurisdiction of the defendant. The motion to quash was…