Hickey v. Merrit

I am in agreement that there was no error in the overruling of the defendant’s motion to dismiss on the ground that he *767had not been lawfully and personally served as required by § 4 (d) (7) of the Civil Practice Act (Code Ann. § 81A-104 (d) (7)).

The return of service by the deputy marshal recites that "I have this day served the defendant Clarence & Norma Hickey personally with a copy of the within action and summons.” Above the entry in the handwriting of the deputy is the notation: "saw from window. Talked through door; refused to open.” This is sufficient to raise an inference that the…