Lancaster & Clark Construction Co. v. Davis

By JUDGE WILLARD I. WALKER

For the reasons hereinafter stated, the court is of the opinion that there was improper and insufficient service of process upon the defendant in these cases.

There can be no doubt that service of process was not made pursuant to the provisions of § 8-51 of the Code of Virginia. Although the return shows posted service at the defendant’s usual place of abode, the testimony of the serving officer and other witnesses establishes that 1111 Grove Avenue was not the defendant’s usual place of abode, and that service was attempted by leaving a copy of the warrants with…