Crescent Welding Supply Co. v. Harding

HALL, Judge.

Plaintiff sued defendant on an open account for $117.58 plus interest and costs. According to the constable’s return personal service of citation and petition was made on defendant. After the expiration of all legal delays and after due proceedings had a judgment by default was rendered in plaintiff’s favor against defendant as prayed for.

Defendant appealed in forma pauperis. In his motion for appeal defendant alleged “that he was never personally served with aforesaid petition as alleged herein.” Plaintiff timely answered the appeal and prayed for damages for frivolous appeal.

Sinc…