Vann Tool Co. v. Grace

OPINION

PAYNE, Justice.

Vann Tool Company brought suit upon a contract against the Graces, who are nonresidents of New Mexico. Service of process was obtained by posting the summons at an address in Phoenix, Arizona. The defendants failed to appear and default judgment was entered in favor of Vann Tool. Subsequently the defendants entered an appearance and moved to set aside the judgment. They asserted that they were not “personally” served as required by § 21-3-16, N.M.S.A.1953 (Supp.1975), more commonly known as the “long-arm statute,” and that the address where the summons was posted was not…