Piedmont-Mt. Airy Guano Co. v. Merritt

A judgment by default, at the suit of the appellant, was entered against the appellee and his son, who has since died. The son was a resident of Baltimore City, while the father resided in Baltimore County. A motion was filed by the appellee to strike out the judgment against him on the ground that he had not been summoned. The appeal is froin an order granting the motion and giving the appellee an opportunity to make defense on the merits.

The sheriff’s return on the writ of summons issued in the case was: “Summoned ambo and copy of nmr. and notice to plead left with each defendant.” The…