Mayson v. Malone

Quillian, Judge.

Appellees (defendants below) filed what they denominate "a motion to set aside default judgment” which sought to attack a judgment rendered against them on January 8, 1963. The motion was predicated on the ground that neither defendant was personally served and that the return of service showed it to be insufficient and improper. On the hearing of this motion, the order of the trial judge recited "upon hearing evidence and upon argument of counsel,” there was no valid process and the default judgment was void. Accordingly, the judgment of January 8, 1963, was vacated and set…