Woody v. Rhodes

TUCKETT, Justice.

The plaintiff commenced this action in the court below seeking to recover on a promissory note and also on an oral contract to drill a well for the defendants. Complaint was filed on February 15, 1968, and the summons was served on February 20, 1968, by a deputy sheriff of Box Elder County. The sheriff’s return shows that the summons was served on the defendant Vaughn Rhodes by leaving a copy of the summons and complaint with Mrs. Vaughn Rhodes, wife of the defendant. However, the deputy sheriff at the time of service endorsed on the copy of the summons left with Mrs. Vaughn…