Volume 122 — Indiana Appellate Court Reports

1. PROCESS — <italic>Return — Statements as to Last and Usual Place of</italic> <italic>Residence Not Presumptively Within Knowledge of Sheriff — Not</italic> <italic>Conclusive.</italic> — Where the sheriff's return recited that the summons had been served by leaving a copy at the defendant's last and usual place of residence, such return of the sheriff is not conclusive as to matters which are not presumptively<page_number>Page 175</page_number> within the sheriff's personal knowledge, including the last or usual place of residence of defendant. p. 177. 2. JUDGEMENT — <italic>Default Judgment — Setting Aside — Grounds — Lack</italic> <italic>of Process.</italic> — Where a summons contained certain instructions to serve at residence of defendant just west of the entrance of a specified fairground, and it appeared that such place was in fact the residence of the mother of the defendant, that he had previously established a separate residence as a bachelor at another location and had been inducted into the army prior to said service, thus such service of the summons was not at the last or usual place of residence of the defendant, therefore, the court which rendered the default judgment against the defendant was without jurisdiction of the person of defendant and such judgment was void. p. 177.