Sellers v. Bell

Shulman, Judge.

Defendant appeals the denial of his motion to set aside a default judgment. We affirm.

Defendant, submitting that his mental incompetency required personal service in accordance with Code Ann. § 81A-104(d) (4), and not the substituted service which was effected, asserts that the court erred in denying and refusing to consider extrinsic evidence in support of his § 81A-160 (d) motion to set aside the judgment for lack of personal jurisdiction. We cannot agree.

1. Contrary to defendant’s contentions, the court considered extrinsic evidence regarding the mental condition of the…