Thursby v. Stovall

This is an original mandamus action in which Relator, John Thursby, seeks a writ of mandamus directing Judge Thomas J. Stovall to vacate his order granting a motion to set aside the default judgment obtained by Thursby. The writ is conditionally granted.

Thursby filed a negligence action against three defendants, complaining that he had been injured on the job site and that all three defendants were liable for his injuries. Thursby attempted to serve one of the defendants, Tankard-Smith, Inc., at the address on file with the Secretary of State of its registered agent. Citation was not served,…