Bros v. Wilkins

Herrmann, J.:

In this automobile negligence case, the defendant has moved io dismiss the complaint for insufficiency of service of process and for resultant lack of jurisdiction over the person. See Civil Rule 12(b) (5) and 12(b) (2), Del. C. Ann.

The sheriff’s return recited service upon the defendant by leaving copies of the writ of summons and of the complaint “at his usual place of abode”. See Civil Rule 4(f) (1) (I). At a hearing upon the motion to dismiss, it appeared without dispute that the sheriff left the papers at the defendant’s restaurant and not at his dwelling place. The sheriff…