Sharp & Dohme, Inc. v. Waybourne

JACKSON, Justice.

The plaintiff, C. P. Waybourne, on July 2⅜ 1933, instituted this suit in the county court of Motley county against the defendant, Sharp & Dohme, Inc., a foreign corporation, and on August 26th thereafter, during the August term of said court, no answer having been filed, obtained a judgment by default for the sum of $950.

On November 2, 1933, before the adjournment of said term, the defendant moved the court to set aside the default judgment and grant a new trial, urging that no valid service was ever had upon it and also alleging a meritorious defense to the cause of action.

A…