Winans v. Bryan

OPINION OF THE COURT

WATSON, J.

In this cause, upon a return of service of summons and copy of complaint, and Upon the clerk’s certificate of nonappearance, an order was made “that said defendants (appellants) and each of them are in default and that said cause proceed to final hearing ex parte as to- said, defendants and each of them upon plaintiff’s, proof.” Appellants moved to vacate the order upon the objection to the return of service that, being made by a private person, it merely recited that such person was “of lawful age,” and did not show that she was of the required age of 18 years.…