Hoaney v. Abraham, 3318.
Decision Date | 04 November 1963 |
Docket Number | No. 3318.,3318. |
Parties | Charles and Lee Ella HOANEY, Appellants, v. Benjamin, Abraham, Louis and Gertrude LISS, t/a Beacon Credit Co., Appellees. |
Court | D.C. Court of Appeals |
Before HOOD, Chief Judge, and QUINN and MYERS, Associate Judges.
In 1951 judgments by default were entered against appellants in a contract action. In 1963 appellants moved to vacate the default judgments contending they had never received the suit papers. There motion was denied and this appeal followed.
The United States Marshal's return stated:
Appellants do not deny that 2005 I Street, N.E., was their usual place of abode or that Mrs. Hoaney was a person of suitable age and discretion. They allege, however, that 2005 I Street, N.E., is an apartment building with twelve apartments and that the marshal's return failed to state that he served them in "Apt. 2" which was included as part of their address in the caption on the complaint. They would have us rule that such failure invalidated the return as a matter of law.
At the hearing on the motion the marshal testified for appellees. He identified his signature and stated that he was familiar with the building in which appellants resided. Because of the time lapse involved, however, he could not recollect serving the summons and complaint in question. Mrs. Hoaney testified and denied ever receiving the suit papers.
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