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Preparing For The McRae Curtis Service Showdown On September 11

Based on Steve’s references, Kyle would appear to have made admissions against interest that could result in his motion to vacate the default judgment to be denied, but appearances may be deceptive and Steve may be trying to capitalize on appearances instead of the facts.

As I understand it, at the time indicated in the references, Kyle was not represented by counsel and has no particular legal expertise.  I cannot tell that the defective “service” issue had even been raised by Kyle; perhaps because of his inability to properly evaluate his legal standing.   

Kyle is now represented by Counsel and the first order of business has been to resolve the “service” issue on which the default judgment will either stand or fall.

Ultimately, it appears to me that the issue will hinge on whether or not Kyle’s dwelling and usual place of abode with at his mother’s residence.  If so, it would be uncontested that “service” was effective.

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Over and over again courts have said that there is nothing sinister in so arranging one’s affairs as to keep taxes as low as possible. Everybody does so, rich or poor; and all do right, for nobody owes any public duty to pay more than the law demands: taxes are enforced exactions, not voluntary contributions. To demand more in the name of morals is mere cant.