Campbell v. Self

It was insisted by defendant’s counsel that the default was entered too soon ; that the defendant’s affidavit of the time of the service of the declaration should govern, in preference to the deputy sheriff’s certificate.

Held, that the default was irregular; that the affidavit of defendant must control as to the time of service. If the deputy sheriff ha'd made an affidavit of the time of service, it would have been a conclusive answer to defendants.