Grant v. Ivy

Plaintiff-appellant, Bob S. Grant, appeals from a judgment of the Franklin County Municipal Court and raises two assignments of error, as follows:

“1. The trial court erred in setting aside the judgment.

“2. The trial court erred in entertaining the motion to set aside the judgment.”

Defendant-appellee, Leroy Ivy, has failed to file a brief herein, so that this appeal must be determined solely upon the brief of plaintiff and the record on appeal.

With respect to the first assignment of error, plaintiffs brief indicates that the complaint was filed on August 21, 1978, that attempted service by…