Noble v. Crandall

The positive affidavits of the moving defendants show that the summons was not served on them. The affidavit of another defendant shows that the papers were delivered to him to be served on the other defendants, and that he did not serve them. No affidavits are made in reply. It must betaken, then, (notwithstanding the formal affidavit of service,) that there was no service made. The defendants, then, had an unqualified right to have the service and the judgment set aside as to them; and the judgment could not stand even as security. The only question is whether any act on their part has…