Hall v. Brooks

Felton, Chief Judge.

The trial court erred in overruling the motion for a new trial for the reason that the evidence demanded a finding that the plaintiff in error was not served personally with the petition and process in the action filed against him. The uncontradicted testimony of the plaintiff in error was that he was not personally served at the time shown in the deputy marshal’s return of service; that he was not present at the time and place shown in the return of service; and that he never saw the deputy marshal who made the return until the marshal’s appearance in court at the time of…