Barkley v. Toland

Swinehart, J.:

This is an appeal by defendant John H. Toland from the order of the District Court of Reno County denying his motion to set aside a default judgment in a negligence action.

On April 27, 1978, plaintiff Leah M. Barkley and defendant were involved in an automobile accident in Hutchinson, Kansas. On March 31, 1980, plaintiff filed suit against defendant, and summons was directed to defendant at 3306 North Elm, Hutchinson. On April 3, 1980, an officer of the Reno County Sheriff’s office went to that address to attempt service on the defendant. Defendant’s mother accepted the summons…