Case, Davidge v. Colston
Court of Appeals of Kentucky
CASE 29. MOTION TO SET ASIDE ORDER OF HEARING AND JUDGMENT OF THE COURT OF APPEALS. The facts appear in the opinion of the court. The order of hearing and judgment should be set aside because there was no appearance by appellee, and the service of the summons is insufficient. (Civil Code, sections 74, 75, and. 878.)
1Opinion of the Court
JUDGE SIMPSON
delivered the opinion of the court:
The motion of the appellee to set aside the order of hearing in this case, upon the ground that there had been no legal service *146of the process upon him, must be sustained. The return made by the sheriff on the summons is as follows: “ Executed on J. II. Colston by reading the within.” The law provides, that the service shall be by delivering to the defendant a copy of the summons. If he refuses to receive it, the offer of it to him shall be a sufficient service. The return by the officer must, in all cases, state that a copy was delivered to, or…
2Cited by2 opinions
- Cheatham v. WhitmanCourt of Appeals of Kentucky · 1888
- R. F. Burton & Burton Tower Co. v. Dowell Division of Dow Chemical Co.Court of Appeals of Kentucky · 1971