Harris v. American Legion John T. Shelton Post No. 838

This is an appeal by an American Legion Post from the denial of its motion to quash the sheriff’s return purporting to show service of summons upon it and to vacate and set aside a default judgment of $9,000 based thereon.

The suit sought recovery from the Post and one Thomas Boyd and alleged that plaintiff was seriously injured when Boyd, intoxicated as the result of liquor purchased at the Post, struck Harris on the head with a beer bottle.

The return of the sheriff’s deputy certified that on April 7, 1970, he served the summons on:

“the within named American Legion, a corporation, by leaving…