Oden Optical Co. v. Optique Du Mond, Ltd.

David Newbern, Judge.

The circuit judge quashed service of process and dismissed this case without prejudice after the appellee argued the service was by “trick, artifice or fraud.” The appellant contends the service should not have been quashed and that the case should not have been dismissed. We are unable to find in this case any “trick, artifice or fraud” of the kind sufficient to invalidate the service and thus we reverse the decision to quash and remand the case.

Mr. Mourot, president of the appellant, and Mr. Blount and Mr. Fox, officers of the appellee, had engaged in telephone…