Eidson v. McDaniel

The sheriff’s return showed service by leaving a copy of summons and complaint with defendant on January 2, 1926. Pleas were filed with demand for trial by jury on February 10th.

On February 12th, defendant filed his motion to transfer the cause to the jury docket. The ground of the motion was that defendant was not served in person, but that a copy of the summons and complaint was left at his home in his absence, and no knowledge thereof came to him ■until within 30 days before filing his demand for a jury trial.

Upon the oral testimony of defendant to the facts averred therein,. the motion…