Roanoke Memorial Hospital v. Burton

By JUDGE ROSCOE B. STEPHENSON, JR.

Mrs. Burton has moved the court to quash the suggestion in garnishment, alleging that both the service of process and the subsequent default judgment recovered against her by plaintiff are void.

The sheriff's return states that Mrs. Burton was not found at her usual place of abode and that the process was delivered to her daughter who was a member of her family above the age of sixteen years. At the time of the service, and for several months prior thereto, Mrs. Burton, having separated from her husband, was not living in the home where the process was…