Connely v. Rue

Citations

• 148 Ill. 207
• 35 N.E. 824

Syllabus

<p>1. Non-resident defendants—publication of notice—evidence of the filing of affidavit of non-residence. Where an affidavit of non-residence of parties defendant appears attached to a bill in chancery without any file mark except that on the bill, the fact that a notice of publication was made by the clerk, who also filed his certificate of mailing the notices of publication, and the fact that the publication notice purporting to be signed by the clerk was made and published, and that a copy of that notice, so signed, was mailed to the post-office address of the non-resident defendants named in the affidavit, is evidence that the affidavit came to the hands of the clerk, and that its purpose was communicated to him at the time of the filing of the bill.</p> <p>2. Where an order of court on a bill to foreclose a mortgage finds and recites the filing of due' proof of the personal service of process upon the resident defendants at least ten days before the return day thereof, and the filing of due proof of notice to the non-resident defendants of the pendency of the suit, by publication, according to the statute in such case made and provided, such finding will afford sufficient evidence that an affidavit of non-residence found among the papers or attached to the bill was filed with the clerk at the proper time, although it may not bear on its face any file mark.</p> <p>3. Same—sufficiency of decree finding jurisdictional facts. A decree recited that it appeared to the court that summons was duly served on the resident defendants ten days before the return day, and that it further appeared, from the return of such summons, that A, B and C, defendants, could not be found in the county, and that it appeared from the affidavit on file that the defendants were non-residents of the State, and that due notice of the pendency of the suit had been given, by publication, for at least four successive weeks, by notice in a newspaper named, published in the county, stating the pe