Emerson v. Bridgforth

David Newbern, Judge.

The question presented is whether leaving a complaint and summons with the son of the appellant (who was also the appellant’s employee) at the appellant’s business address constituted valid service of process upon the appellant. We hold it did not.

The appellees filed a complaint alleging the appellant owed a sum of money, evidenced by a promissory note, to the estate they represent. The complaint and summons were handed to the appellant’s son, Barry Emerson, at the appellant’s place of business, not his abode. The factual statement in the appellant’s brief is that the…