Morgan v. PACIFIC FINANCE COMPANY

McMurray, Judge.

Plaintiff, Pacific Finance Company, filed a complaint on a note against defendant, Johnny L. Morgan. Copies of the summons and complaint were left with defendant’s next door neighbor who apparently delivered them to defendant promptly.

On October 22, 1975, a default judgment was entered against defendant. Defendant filed a motion to set aside judgment for lack of personal jurisdiction on September 20, 1976. Defendant’s motion was denied and he appeals. Held:

The failure to obtain service by leaving a copy of the summons and complaint at defendant’s dwelling house or usual place…