West Virginia Supreme Court
Velma Irene Mowery v. Russel Hitt
May 25, 1971155 W. Va. 103
Summary
The court held that the trial court erred by dismissing the wrongful-death action against Jimmy Louis Smith without considering the legal effect of two later attempts to serve him. Because the action remained pending and the validity of those later services had not been decided below, the court reversed and remanded for those determinations. The opinion contains no separate opinions.
Holding
- Effect of later service of process while a motion to dismiss for defective service is pending. The circuit court erred by dismissing the action against Jimmy Louis Smith without considering and deciding the legal effect of the later personal service in Lewis County and service through the state auditor.
Docket 12978
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