13-3-91 - Reversal, on appeal by defendant, for want of service or defective service as an appearance.
§ 13-3-91. Reversal, on appeal by defendant, for want of service or defective service as an appearance.
Where a judgment or decree is reversed on appeal taken by defendant for the want of service, or because of defective service of process, a new summons or citation need not be issued or served, but the defendant shall, without such process or service, be presumed to have entered his appearance to the cause in the court from which the appeal was taken when the mandate shall be filed therein.
Sources: Codes, 1892, § 3448; 1906, § 3947; Hemingway's 1917, § 2954; 1930, § 3000; 1942, § 1882.