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SMITH v. SMITH

No. CC817.

83 S.E.2d 923 (1954)

Cyrus S. SMITH v. Elizabeth M. SMITH.

Supreme Court of Appeals of West Virginia.

Decided October 19, 1954.

Attorney(s) appearing for the Case

Bonn Brown, Elkins, for plaintiff.

Myron B. Hymes, Hymes & Connts, Buckhannon, for defendant.

GIVEN, President.

Plaintiff, Cyrus S. Smith, instituted a proceeding under the Uniform Declaratory Judgments Act against defendant, Elizabeth M. Smith, in the Circuit Court of Randolph County. Service of process was had on defendant by delivery of a copy thereof to her in the State of Minnesota. Special appearance was made by her for the purpose of filing a plea in abatement to the jurisdiction of the court. The plea alleged the existence of certain facts for the...

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