Bowen v. Harper

Citations

• 6 Idaho 654
• 59 P. 179
• 1899 Ida. LEXIS 51

Syllabus

<p>Service of Summons Out of the State — Default—Void Judgment.- — When, after order for publication of summons against an. absent defendant has been duly made, the summons is personally served on such absent defendant' out of the state, such, service does not become complete until the expiration of the time prescribed in the order for publication; and where such order prescribed one month for such publication, as in the case at bar, the-defendant served out of the state has one month and forty days in which to answer and a default judgment entered against him. during said time is void and will be reversed on appeal.</p> <p>(Syllabus by the court.)</p>