Cochran v. Germain

Citations

• 15 S.D. 77
• 87 N.W. 527
• 1901 S.D. LEXIS 88

Syllabus

<p>Comp. Laws, § 4900, provides that where it appears by affidavit to the satisfaction of the court that the person on whom service of summons is to be made after due diligence cannot be found within the state, the court may order the service to be made by publication, where defendant is not a resident of the state, but has property therein. An affidavit stated that defendants were not residents of the state, but resided and, at the tim,e of making the application, were at a certain place in another state. Held, sufficient to justify a finding that the persons on whom the service of the summons was to be made . could not be found within the state, so as to warrant service by publication.</p> <p>Corson, X, dissenting.</p>