Ambrose v. Barber

The only question in this case is whether service of process had been made upon the defendant, so as to authorize the rendition of a judgment against her in the absence of an appearance and pleading. The officer made a return of personal service. The affidavit of illegality traversed the return at the first term after the defendant was apprized of its existence, and denied that she was ever served. It is settled law that where there is a return of personal service, a traverse thereof will be sustained upon proof of no personal service, even though another lawful mode of service may *789be shown.…