Sawdey v. Pagosa Lumber Co.

In 1922 the lumber company had judgment by default against the plaintiff in error. October 23, 1924, he filed a motion to set aside the judgment on the ground that the summons was not served upon him. Affidavits were filed pro and con on that point and the court below denied the motion. Upon those affidavits we think the court was right in finding that the summons was actually served.

The plaintiff says, however, that the return was insufficient because made by an unofficial person and not verified by him by oath, and although a proper and amended return under oath was filed after the…