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BOYER v. FISK

No. 43381.

623 S.W.2d 28 (1981)

Roy BOYER, Appellant, v. Carl E. FISK and Betty Fisk, his wife, Respondents.

Missouri Court of Appeals, Eastern District, Division Three.

July 28, 1981.

Attorney(s) appearing for the Case

Earl R. Blackwell, Hillsboro, for appellant.

Richard W. French, Hillsboro, for respondents.

CRIST, Presiding Judge.

Appeal from the setting aside of a default judgment. We reverse.

On January 3, 1980, Roy Boyer filed suit against Carl and Betty Fisk for conversion of his prefabricated house. He sought $30,000.00 in actual damages and $100,000.00 in punitive damages. On January 12, a deputy sheriff of Jefferson County served the Fisks a standard summons stating:

You are hereby summoned to appear before the above named court and to file your...

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