&198tna Ins. Co. v. Earnest

Conceding, without deciding, that the sheriff’s return indorsed on the summons was not sufficient to show a valid service on the defendant, Ætna Insurance Company, even under section 9421 of the Code (see Farmers’ State Bank v. Inman, 208 Ala. 281, 283, 94 So. 105, and Independent Order, etc., v. Walker, 17 Ala. App. 66, 81 So. 844), we are of the opinion that the defect was waived by the defendant, when it appeared generally and filed a motion to set aside the judgment and -grant defendant a new trial on the grounds of surprise, mistake, and fraud.

It will be observed that the motion admitted…