Civil Procedure Keyed to Babcock
Mid-Continent Wood Products v. Harris
Mid-Continent Wood Products (MCWP) sought a default judgment against Lawrence Harris (Harris) alleging breach of contract for lumber purchases. MCWP failed to act on the default judgment and sought a promissory note to receive payments from Harris instead. Harris failed to pay on the promissory note and made several attempts to serve Harris. After several years, MCWP moved to execute on some of Harris’s assets and Harris sought to dismiss because he was not properly served. The district court denied Harris’ motion and Harris appealed.
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