Ausbon v. Ausbon

Bell, Chief Judge.

Plaintiff filed a complaint for breach of contract against defendant. Defendant, a resident of Florida, was personally served outside the courtroom of Muscogee Superior Court at a time when a jury was deliberating on defendant’s suit against this plaintiff for a modification of alimony previously awarded in a divorce decree between these parties. The contract sued upon here concerns alimony and child support which was incorporated into the divorce decree and to which defendant sought modification. The defendant’s motion to dismiss the complaint for insufficiency of service…