Montgomery v. USS Agri-Chemical Division

Smith, Judge.

A judgment by default was entered against appellant on November 20,1969. On November 6, 1979, appellant filed a motion to set aside the judgment, asserting that the trial court lacked jurisdiction over the person. The trial court denied the motion. Appellant raises two enumerations of error: 1) “ [t]hat the court erred when it, rather than a jury, considered and decided the issue of fact as submitted by the conflicting evidence of affidavits” and 2) “[t]hat the court erred when it allowed the original return of service dated September 27, 1969 to be amended.” We affirm.

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