Johnson v. Robertson

Suit in the Circuit Court of DeKalb County, in Equity, to set aside, vacate and annul a judgment on the law side in favor of appellant against appellee. The latter alleged that he was not served with process and had a meritorious defense to the suit. The trial court granted relief by final decree from which this appeal follows.

The trial court determined inter alia from the evidence ore tenus that appellee *567was never served with a summons and complaint incident to the suit filed on July 26, 1966.

We note that appellee averred in his bill •of complaint as ■ follows:

“That heretofore, on to-wit:…