Hayes v. American Bankers Insurance

1. This was a proceeding to set aside a verdict and judgment, and, as presented to the court below, was based solely upon an alleged unamendable defect appearing upon the face of the record, the defect being that the record failed to show service of the process upon the defendant. The defendant was an insurance company, alleged to be a foreign corporation with an agent and place of business in the county of the suit. The entry of service executed by the sheriff was in the following language: “I have this day served a copy of the within petition and *553process on R. N. J. Dozier, Agt., by handing…