A preliminary injunction issued against a defendant who had not been served with the complaint and summons was void for lack of fundamental jurisdiction. The unserved defendant did not waive the objection to lack of service in the trial court; lack of fundamental jurisdiction may be raised for the first time on appeal. Also, the unserved defendant did not consent to personal jurisdiction by not appearing to defend the action in the trial court even though he had notice (but not proper service) of the action.