Mahone v. MARSHALL FURNITURE COMPANY

Bell, Chief Judge.

In this suit on open account the summons and complaint were served by leaving a copy at defendant’s apartment with a Mary Lue Hankerson. Defendant failed to file a timely answer and a judgment by default was entered. Thereafter defendant filed a motion to set aside the judgment on the ground of lack of personal jurisdiction. In a supporting affidavit defendant averred that Miss Hankerson was the babysitter for defendant’s three minor children and a nonresident of her household. The trial court in denying the motion recited that the babysitter testified at the hearing that…