Sullivan

Plaintiff husband filed a complaint for divorce on May 13, 1964. He then filed an affidavit signed by Sue Ann, the parties’ married daughter, to the effect that she had served summons and complaint on the defendant on May 18, 1964. An interlocutory judgment of divorce which recites defendant’s default was entered on July 7,1964.

On March 22, 1966, well over a year later, defendant noticed a motion to vacate her default and the judgment. The motion was supported by declarations of defendant and her daughter. Defendant’s declaration, insofar as pertinent, makes the following allegation concerning the service of summons on her. “. . . on or about May 18, 1964, the plaintiff in the above entitled action, George C. Sullivan, personally came to the home of the declarant and said ‘Well, here they are, this will save us some money, I would just have to pay somebody to bring these papers to you’; with this statement, the plaintiff removed some papers from his pocket, the same being a copy of the Summons and Complaint in this action and handed them to declarant and declarant without reading the entire contents of said documents put them away; that plaintiff then stated to declarant that he…