Bailey v. Beard

¶ 1. On November 23, 1999, Shannon B. Beard brought suit against Lamar Bailey d/b/a G B Auto Sales, Inc., and received a default judgment. Bailey asserts that the default judgment against him was error because he was never served with process and notice of the lawsuit. A hearing was held before the Circuit Court of Madison County to consider Bailey's motions to set aside the default judgment and the entry of default, in which Greg McIntyre testified to the opposite of Bailey's testimony, stating that he had served Bailey with process at his place of business. Both Bailey's motions were…