SCOBBIE v. BURCH

JUDGMENT, § 131 — vacation of judgment because of ineffective service of process. Where undisputed evidence at hearing on defendant's motion to vacate judgment and set aside default in action for personal injuries showed that at time of service of summons, which was served by leaving copy with defendant's wife, defendant was not living with his family but at another address which was his actual place of residence, judgment should have been vacated and service of summons quashed on ground that summons was not left at defendant's "usual place of abode" as required by statute.

Opinion by JUSTICE NIEMEYER.

Not to be published ill full. Opinion filed May 16, 1949; released for publication May 27, 1949.