Tickle (P) sued Barton (D) in McDowell County, West Virginia for injuries received in an auto accident in that same county. P was an infant. D was a resident of Virginia. P's lawyer lured D to enter the county under the ruse of a football banquet. P's lawyer called D and did not reveal that he was P's lawyer or that the real purpose was to serve process on D. Believing that the invitation was in good faith and for his son's prior accomplishments, D accepted the invitation and was served with the complaint. D filed a plea in abatement to challenge the process service without litigating on the merits of the case.

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