Laurel v. Hardy
Main issue: Laurel and Hardy, a professional comic duo, entered into a contract that agreed if they ever disbanded their partnership, they would refrain from using each other's material without compensation to the other party. After the duo disbanded, Hardy continued to use the materials without paying Laurel. Laurel is suing Hardy for $500,000. Hardy travels and has thus not been properly served Court Papers and refuses to read the local paper or respond to the suit. Laurel motions for a default judgment and Court Costs, which is granted. Hardy appeals this because he has not been properly notified.
Relevant Legal Concept: Contractual law and Service of Summons and Judgment
Procedural Due Process: Service by registered mail and publication in local newspaper; the Court is not responsible if the person being served pleads ignorance.
Relevant Definitions: Substituted Service of Court documents
Relevant Case Law: Dorsey v. Gregg, 784 P. 2nd 154, Court of Appeals, Oregon, 1988
Rationale: The Court is not responsible if the person being served pleads ignorance. A Defendant who has been properly serviced defaults by failing to file an answer in a timely manner (Schubert, 2010, p. 161).
Ruling: Original...
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