Tidwell v. Cherokee Culvert Co.

Sognier, Judge.

Cherokee Culvert Company, Inc. sued E. E. Tidwell on an open account. Tidwell filed his answer two days late and failed to pay costs. The suit went into default and the trial court, after a hearing, denied a motion to open default and entered judgment against Tidwell for the amount of the claim. Tidwell appeals.

1. Appellant contends that the trial court erred by entering default judgment because he was served two days later than the date appearing on the return of service. “ ‘While the return may be traversed and impeached, the certified return is of itself evidence of a high…