Gregson v. Sallee

COMBS, Justice.

The appellant was served by constructive service in a suit to sell a house and lot in Lexington in which he owned an undivided one-fifth interest. The property was sold and the' report of sale was confirmed. Some nine months later appellant filed motion for a new trial under authority of Civil Code of Practice, section 414, which provides in part:

“A defendant against whom a judgment may have been rendered upon constructive service of a summons, * * * may, at any time within five years after the rendition of, the judgment, move to have the action retried”.

This appeal is from an…