McCullough v. Western Land & Cattle Co.

STRUCKMEYER, Superior Judge.

— The appellee brought action against the appellant to recover the sum of $5,000 due upon a lease. The complaint was filed on February 5, 1921. On the same day an attachment writ was issued and levied upon certain real property. Also on the same day a summons was issued and delivered to the sheriff. The summons was not served, however, upon the appellant until August 21, 1922, not within one year from the filing of the complaint. The appellant failed to answer, and, his default having been entered on September 30, 1922, a personal judgment was rendered against him…