Bothell v. Hoellwarth

Citations

• 10 S.D. 491
• 74 N.W. 231
• 1898 S.D. LEXIS 18

Syllabus

<p>1. An affidavit for publication oE summons, which states that the defendant “cannot after due diligence, be found within the state,” and that defendants are not residents of the state, without stating the facts showing what efforts to find the defendants have been made, is insufficient.</p> <p>2. When an affidavit for publication of summons is directly attacked by a motion in the case to vacate it, no presumptions can be indulged to sustain it.</p>