Smead v. Granger

PREWITT, Chief Judge.

After a default judgment was taken against defendant he filed a motion to set it aside. The trial court refused to do so and defendant appealed. By filing his motion defendant preserved a right of appeal. See Vonsmith v. Vonsmith, 666 S.W.2d 424 *574(Mo. banc), retransferred, 666 S.W.2d 426 (Mo.App.1984).

Defendant has two points relied on. We first discuss his contention that the trial court lacked jurisdiction to render the judgment because the return of service of process was defective. The return recites that defendant was served in Allegheny County, Pennsylvania by a…