Alaska Supreme Court

Jan Beam v. Theodore M. and Linda Adams, Appellees

February 5, 19881988 Alas. LEXIS 11

Summary

The court held that service of process on Ted at his former wife's residence did not satisfy the substituted-service requirement because the residence was not shown to be his dwelling house or usual place of abode. It also held that Linda was not shown to be authorized to accept service as Ted's agent. Because the defective service deprived the court of personal jurisdiction and rendered the prior judgment void, the court affirmed the denial of execution.

Holding

  • Whether service at Linda's residence satisfied the dwelling-house or usual-place-of-abode requirement.. Service on Ted at Linda's residence was insufficient to establish personal jurisdiction because the record showed that Ted had moved from the residence approximately six months before service and did not frequent it afterward.
  • Whether Linda acted as Ted's authorized agent for service of process.. Linda was not an authorized agent for service because the record contained no evidence that Ted expressly or impliedly appointed her to receive service of process.

Docket S-1955

Cited authorities

  • Alaska Civil Rule 4
  • Rule 4(d)(1)
  • Alaska R.Civ.P. 4(d)(1)
  • Rule 4(d)(1)
  • Alaska R.Civ.P. 4(d)(1)
  • Rule 60(b)(4)
  • Alaska R.Civ.P. 60(b)(4)
  • Alaska R.Civ.P. 60(b)

Cited by

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