Hollinger v. Hollinger

Concurring Opinion by

Mr. Chief Justice Bell:

I agree Avith the reversal and Avith much that is said in the Opinion of the Court, but I would go much further. It is unrealistic and ridiculous to continue to hold that, in the absence of fraud, a sheriff’s return *482is conclusive as between the parties. The majority concedes that the effect and result of this rule will often produce injustice and create a very large liability on the part of a defendant who in actuality was never served, but was falsely or erroneously reported to have been served with the challenged paper. It is also a matter of…