Eldridge v. Jagger

JOHNSON, Justice.

This is an appeal by plaintiff-appellant ■Carl E. Eldridge, dba Glendale Metal Products Co., from an order vacating the judgment and setting aside the default entered against the defendant-appellee J. A. Jagger.

The process server, James Cooper, exe•cuted an affidavit of return of service stating he had served the defendant, Jagger, in person, on March 21, 1956, at 8:45 P.M. At the hearing on the motion to vacate the •default judgment the only two witnesses to testify were the process server and the •defendant Jagger.

The testimony of the process server was ■substantially as…