Wright v. Rogers

Defendant appeals from the denial of a motion to set aside a default judgment on the grounds that the defendant was not personally served with a copy of original process.

Plaintiffs filed suit against defendant in the circuit court of Etowah County for damages due to negligence arising out of an automobile accident. The return of process by a deputy sheriff of Jefferson County, Alabama, stated a copy of the summons and complaint was left with defendant, Clyde Lamar Wright. Defendant failed to appear in court on the day of the hearing, and a default judgment was entered against him. After a…