Hays v. Fourth National Bank

An affidavit of illegality upon the ground that notice of the suit upon which the execution was based was not legally served is not sustained by introducing in evidence the following entry of service, upon the docket of the justice who tried the case, properly dated and signed: “Served a copy of the within summons and note on the defendant by leaving at his most notorious place of abode.” The provisions of section 4717 of the Civil Code designate the manner in which service of a suit shall be made, but do not prescribe a form for the entry of the return thereof. The fact that in the present…