Brown v. Brown

This was a bill for divorce. The defendant was defaulted, and on the next day appeared and moved to set aside the default. In support of his motion he showed, by several affidavits of a very satisfactory character, that the person with whom a copy of the summons had been left was not, as stated in the sheriff’s return, a member of defendant’s family. The court refused to set aside the default, and a decree of divorce was rendered.

It is perfectly well settled, as a general rule, that the return of an officer can not be disputed. Where it is sought to contradict the return collaterally, and…