Bryant v. Wybro Federal Credit Union, 4515
| Decision Date | 21 January 1976 |
| Docket Number | No. 4515,4515 |
| Citation | 544 P.2d 1010 |
| Parties | Myron E. BRYANT, Appellant (Defendant below), Doyle D. Hendrickson and A. H. Hendrickson (Defendants below), v. WYBRO FEDERAL CREDIT UNION, a corporation, Appellee (Plaintiff below). |
| Court | Wyoming Supreme Court |
Ronald W. Hofer of Leimback, Aspinwall & Hofer, Casper, for appellant.
Fred W. Layman, Casper, for appellee.
Before GUTHERIE, C. J., and McCLINTOCK, RAPER, THOMAS, and ROSE, JJ.
This is an appeal from an order of the district court denying a motion of defendant Myron E. Bryant to set aside a default judgment earlier entered by the court against him upon the ground that there was no jurisdiction of this defendant because of a failure to serve him. Wybro Federal Credit Union's service rests upon the following return set out in material part:
'* * * by delivering to Myron E. Bryant by leaving a copy with D. Hendrickson as agent for service and accepting service in Natrona County, Wyoming.'
Based upon this service judgment was entered against Bryant. Execution issued thereon which was directed against certain real estate of the said Bryant, and this property was sold at a sheriff's sale and the sale was confirmed.
Although there is a certificate of the sheriff that Hendrickson claimed to be the agent for Bryant and is alleged to have represented himself to the sheriff as such agent, the court heard evidence in connection with the determination of this motion, and there was no evidence produced at that hearing that Hendrickson has ever been authorized as agent for such service or empowered to accept service for this defendant. The court, in disposing of this matter, observed:
'* * * There is no testimony of agency here, or of authorization. * * *'
From out inspection of the record and the statement of the judge that there was an absence of any agency or authorization, the question presented herein becomes an extremely narrow one.
Accepting this finding, there was no valid service or compliance with Rule 4(d)(1), W.R.C.P., which provided service shall be made by delivery 'to an agent authorized by appointment or by law to receive service of process.' In light of this rule and the finding, a disposal rests firmly in the law of this state. The case of Pease Brothers, Inc. v. American Pipe & Supply Co., Wyo., 522 P.2d 966, 1001, is most persuasive in this case. The summons therein was served upon an admitted employee of the corporation although not in the county where the suit was brought and unlike this case the...
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Midway Oil Corp. v. Guess
...A more adequate negative return is strongly indicated if used for later reliance on substituted service. Bryant v. Wybro Federal Credit Union, Wyo., 544 P.2d 1010 (1976); Pease Brothers v. American Pipe & Supply Co., supra; 47 Am.Jur.2d Judgments § 1174, p. Since the last known address of d......
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Hoke, v. Motel 6 Jackson, 05-132.
...is void and subject to attack directly or collaterally. Crotteau v. Irvine, 656 P.2d 1166, 1169 (Wyo. 1983); Bryant v. Wybro Federal Credit Union, 544 P.2d 1010, 1011-12 (Wyo.1976); Pease Brothers, Inc., 522 P.2d at 1000-1001. Without proper service of summons, a default judgment is void an......
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Wise v. Ludlow
...(citations omitted). We observed that we had not yet ruled on such presumptions and burdens, but noted that in Bryant v. Wybro Federal Credit Union, 544 P.2d 1010 (Wyo.1976), we implicitly held that “the party asserting the validity of the service had the burden of proof, and that no presum......
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...proper service of process for the court to achieve jurisdiction. Duncan v. Duncan, 776 P.2d 758 (Wyo.1989); Bryant v. Wybro Federal Credit Union, 544 P.2d 1010 (Wyo.1976). DPASS seeks to escape W.R.C.P. 4 non-compliance by contending that the prior and continuing custody of the children by ......