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National Supply Company v. Chittim

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eBook details

  • Title: National Supply Company v. Chittim
  • Author : Supreme Court of Wyoming
  • Release Date : January 07, 1964
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 60 KB

Description

The trial court because of purported defects in service upon defendant Chittim vacated its previous default judgment foreclosing a lien, and plaintiff has appealed. - Page 1011 The events germane to the problem raised by the appeal began on November 5, 1960, when The National Supply Company, pursuant to earlier notice of lien, filed an action against Charles B. Chittim to foreclose on certain oil field equipment, lease, and lands in Crook County, and undertook to accomplish service under Rule 4, W.R.C.P. The affidavit of plaintiffs attorney for service by publication upon Chittim recited that service of summons could not be made within the State of Wyoming, that the cause was one of those mentioned in Rule 4(e), W.R.C.P., and stated, "the last known address of defendant Charles B. Chittim was 300 North Center, Casper, Wyoming and General Delivery, Denver, Colorado." The notice was dated January 3, 1961, and was published on January 5, 12, 19, and 26. It stated that default would be entered unless defendant answered before the 24th day of February 1961. On January 13 the clerk of court mailed copies of the publication to Chittim by registered mail and on January 26 received a return receipt signed, "Chas. B. Chittim by Thos. Bruckner." On February 27 there was an application for an entry of default and on June 27 the court entered judgment. On July 5 there were proceedings for a special execution, and the property was sold at sheriffs sale to the plaintiff.


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