Begley v. Kilburn ex rel. Kilburn

STEPHENSON, Justice.

This appeal is from an order of the Estill Circuit Court declining to set aside a default judgment. We reverse.

The appellant and infant appellee were involved in a traffic accident. The complaint filed by appellee alleged appellant “is a non-resident of the Commonwealth of Kentucky, residing at 6777 Winkler Road, Apt A, 238, Fort Meyers, Florida 33901” and that by virtue of KRS 188.030, Kentucky’s nonresident motorist statute, service of summons should be had upon the secretary of state.

Summons was issued by the circuit court clerk, directed to the secretary of state. By…