Austin v. State Ex Rel. Herman

HOWARD, Judge.

This is an appeal from an order denying defendants’ motion to set aside default and default judgment. On April 6, 1965, the plaintiff-appellee, State of Arizona, filed an action in eminent domain. In conjunction with the filing of the complaint the State had filed an affidavit of non-residence as to all the defendants except the defendant Ruth Lytle Guess. The affidavit of non-residence set forth the exact address of each of the defendants except as to the defendant Kidd McCoy Fitzwater. The only address given for him on the affidavit of non-residence was “U. S. Army, Korea.” An…