Shepherd v. Marvel

Gavin,. J.

Appellee filed her complaint to have a default set aside and to be permitted to answer and defend against the complaint of appellant, under section 399, Burns’ R. S. 1894 (396, Horner’s R. S. 1896).

She showed a good defense to his complaint and that while summons had been regularly issued for her and returned, duly served by copy, at her residence, yet the sheriff had in fact left the copy at her son’s residence instead of her own, the son being a co-defendant, and the officer acting under the belief that it was the son’s wife who was named therein.

Appellee’s ignorance of the…