Ives v. Darling

Van Kirk, J.:

That service of the summons had not been made upon the defendant was the ground of the motion. The process server made an affidavit of personal service of the summons upon this defendant. The defendant did not appear or answer. Thereupon judgment in regular form was taken by default. When this motion was made it appeared, if we accept the facts as presented by the plaintiff, that the form of the so-called personal service was as follows: The process server went to the home of the defendant; her husband came to the door; the process server told the husband his errand and was…