DAVISON-PAXON COMPANY v. Burkart

We have for consideration the question whether or not the trial judge erred, as held by the Appellate Division of the Civil Court of Fulton County, in sustaining the plaintiff’s motion to dismiss the defendant’s motion to set aside the default judgment. The record shows that Mrs. Burkart, codefendant, was served personally, and the return of service as to J. S. Burk-art was as follows: “I have this day served the defendant, Mr. J. S. Burkart, 1069 N. Pelham Rd., by leaving a copy of the action and summons at his most notorious place of abode in this county. Delivered same into hands of Mrs.…