Moore v. Sanford, Adams, McCullough & Beard

Banke, Chief Judge.

The defendant appeals a summary judgment entered in favor of the plaintiff in an action to domesticate a default judgment rendered against the defendant in North Carolina. At issue is whether the defendant’s sworn affidavit that he was not personally served in the North Carolina action is sufficient to overcome the sheriff’s return to the effect that he was personally served.

This is the second appearance of this case before us. In Moore v. Sanford, Adams, McCullough & Beard, 171 Ga. App. 549 (320 SE2d 394) (1984), we agreed with the trial court that the sheriff’s return was…