Miles v. Hamilton

George E Meng

Case Conclusion Date:October 5, 1973

Practice Area:Litigation

Outcome:Appellant Won Reversal

Description:Appeal by Mr. Miles who was a defendant from orders of the Charles County Circuit Court, denying his motions to strike default judgment and to reconsider his motion raising a preliminary objection to jurisdiction. The Court of Appeals, held that where there was no evidence that service on defendant was prevented or resisted by threats, violence, intimidation or superior force, where defendant's residence, despite its signs, barbed wire and dogs, was not a ‘fortress, or fortified place or building, or military post,’ and where it could not be said that the process server was unable to serve the summons without force or personal risk, placing the summons inside sliding screen of door of defendant's house did not effect service under statutory provision relating to service resisted by threats, violence or intimidation. Reversed and remanded for further proceedings.