Mason v. Fisher

Deen, Presiding Judge.

This is an appeal from the dismissal of an affidavit of illegality and motion to dismiss the levy of execution, following a default judgment in favor of the appellee in which the question of unliquidated damages for a personal tort was submitted to a jury. Held:

1. The record shows personal service of the complaint on the appellant and is signed by a deputy sheriff. Grounds 1 and 3 of the affidavit of illegality complain that the defendant Mason was not served with a copy of the suit and summons, and that during the pendency of the suit she did not have mental capacity to…