No Service, No Default

Sheriff’s return of service constituted prima facie evidence of service on the person named on the form, but the form did not correctly describe that person, so the prima facie evidence did not show service. Affidavits contesting whether the person named was in charge of a corporation’s business office did not result in an amendment to the return of service. The return remained deficient, so no service occurred and no personal jurisdiction attached, and the ensuing million-dollar default judgment was void.

Samuel Marti, Appellant, v. Concrete Coring Company of North America, Respondent. Missouri Court of Appeals, Eastern District – ED109282

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