Sterne v. Forrest

The defendant, Randy Forrest, appeals from the default judgment entered against him and from successive denials of his motions to vacate the default judgment for improper service of summons.

The plaintiff, Scott Sterne, doing business as Sterne Concrete Construction, brought a breach of contract action against the defendant, Randy Forrest, seeking damages of $19,259.64, plus costs, interest and reasonable attorney fees. The complaint was filed on April 7, 1982, and on May 11, 1982, plaintiff issued an alias summons against defendant. The sheriff’s return of service by Deputy J. Sisco indicates…