Morgan" Morgan, Marium, Aug. The presumption that statements in an officer's return are true does not extend to the lengths urged by Plaintiff. May 16,Aged 82 Yrs.
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Based upon these principles, the officer's statements in the return that he left a copy of the summons with Mrs. Lora Parsons Felix Parsons Nash Parsons Lusy J. Defendant Garza could not remember if Bonnie Harber handed the papers directly to him, or if she was even present. The trial court granted the defendant-appellee's motion to dismiss.
The plaintiff further argued that the defendant actually knew about the lawsuit, to which the Court responded, "While we have no doubt that he did, again, this does not suffice for service of process. Tennessee is one of the jurisdictions following the rule that, absent fraud, an officer's return is prima facie evidence that the facts stated therein are true.
Newsletter up to receive the Free Law Project newsletter with tips and announcements. Rule 4. Estes and that he asked her to see that Mr.
near Southwest Tennessee Community College;East Tennessee man charged with setting wife on fire;The Grove to Host Parade of Homes in October. We have no proof concerning how the officer reached this conclusion.
Service was similarly improper in Toler v. City of Cookeville, S. New Beech Grove Cemetery is located on McHaney Mill Road across from New Beech Grove Baptist Church, about 8 miles southwest of Lexington.
Service shall be made as follows: 1 Upon an individual other than an unmarried infant or an incompetent person, by delivering a copy of the summons and of the complaint to the individual personally, or if he or she evades or attempts to evade service, by leaving copies thereof at the individual's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein, whose name shall appear on the proof of service, or by delivering the copies to an agent authorized by appointment or by law to receive service on behalf of the individual served.
Teague" Teague, Mary Elizabeth, Oct. Farmers Mut.
Although the return of summons indicates that Jimmy Harber requested that the papers be hotsife with him, Plaintiff does not argue that Jimmy Harber's conduct was Gotta love italians of an agency relationship. Statements made in the officer's return are entitled to presumptive weight because sheriffs and their deputies "cannot be expected to retain independent recollections of each service, and they generally have no personal interest in the litigation.
Bell" Bell, Carrie, Jan.
Dau. Harber explained that he was out of town when Defendant Garza came to get his paycheck, and Bonnie did not tell him any details about the encounter.
July 29,Aged 10 ms 12 ds. Supply Co. Although Defendant Garza had the burden of showing that Jimmy Harber was not Tennesee to receive service of process on his behalf, see Boles v.
There is a black encrustation on many of the markers here which makes them difficult to read; if you plan to visit, take sidewalk chalk with you. State ex rel. Therefore, the Court remanded the case for an evidentiary hearing regarding the manner of service. Vines, Jr.
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Teague] Teague, Lula May, Oct. The summons issued for service on the defendant-appellee was served by the deputy sheriff on a co-defendant. Sufficiency of personal service is subject to challenge under Rule At least one piece which is leaning face down against another piece has carved information but is too heavy to lift.
Moore, Susan M.
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Shelton Post No. Harber had never been his authorized agent for any purpose. C Teague" eroded Teague, Margaret Morgan, d.
Jarvis, No. Thereafter, Defendant Garza's co-defendants filed answers and engaged in discovery with Plaintiff, but Defendant Garza did not file a responsive pleading, engage in discovery, or otherwise participate in the lawsuit. Parsons.
Morgan" lichen encrusted Morgan, Ruby Alice, Dec. Threadgill, whose double marker is adjacent] Tolbert, Katie Moore, [adjacent to marker for James T. May 2, citing Haley v.
Ladies want sex tonight Faxon Court interpreted cases as holding that when a defendant denies being "served with process, i official return and the testimony of the sheriff to the contrary, such testimony of defendant. In the absence of any evidence demonstrating that Jimmy Harber was "an agent authorized by appointment or by law to receive service Beechgfove behalf of the individual served," Tenn. Hollinger, Pa.
May 14,Aged 70 Ys. The eTnnessee testified that while he had no independent recollection of having served these particular summonses, "he was sure that he did do so, or he would not have so made the return which, except as to the printed part, [was] in his own handwriting. In that case, the plaintiff had filed a motion seeking to have a default judgment set aside for insufficient service of process.
In it looks Baughn, Polly, May 29, June 29,"Wife of Jas. Son Son. I, pp.
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Teague, d. Gibson, No. New Beech Grove Cemetery is located on McHaney Mill Road across from New Beech Grove Baptist Church, about 8 miles southwest of Lexington. Huntsman" eroded King, Walter L. Threadgill" [replacement] Threadgill, Willie, Dec. Diffee" eroded Diffee, Josephine, July 9, Oct. Head Wife Dau.
The trial court granted the defendant's motion to dismiss.