ZELLER v. CUMBERLAND TRUCK SALES

20913

272 S.C. 558 (1979)

253 S.E.2d 111

Thomas ZELLER, Appellant, v. CUMBERLAND TRUCK SALES, a/k/a Cumberland Freightliner, Respondent.

Supreme Court of South Carolina.

March 14, 1979.


Attorney(s) appearing for the Case

Kenneth E. Sowell, Greenville, for appellant.

James Drayton Calmes, III, Greenville, for respondent.


March 14, 1979.

LEWIS, Chief Justice:

This is an appeal from an order of the lower court vacating a default judgment entered against the defendant-respondent, a nonresident corporation. The judgment was vacated on the ground that the court lacked jurisdiction to enter the judgment because service was attempted on an agent of respondent while the agent was in the State to testify in a criminal prosecution and, therefore, exempt from service by reason of Section...

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