Coughran v. Markley

Citations

• 15 S.D. 37
• 87 N.W. 2
• 1901 S.D. LEXIS 79

Syllabus

<p>1. Under Comp. Laws, § 4900, providing that a summons may be served by publication when the person on whom the service is to be made cannot be found within the state, and that fact, together with the fact that a cause of action exists against defendant, appears by affidavit to the satisfaction of the court, the court’s determination cannot he questioned on appeal where there are sufficient facts stated to call into exercise the judicial mind.</p> <p>2. An affidavit of plaintiff’s attorney that after a summons was delivered to the sheriff of the county where defendants formerly resided for service, and was returned without being served, affiant inquired of the plaintiff and certain persons, including such sheriff, who were acquainted with the defendants when they resided in that county, concerning their whereabouts, and was informed that they had removed from the county more than five years preceding the time of the inquiries, and that their whereabouts were unknown to the persons of whom he inquired, stated sufficient facts to call into exercise the judicial mind of the court, and hence will not be reviewed on appeal.</p> <p>3. buch affidavit is not insufficient for- not containing, a statement of facts showing that a cause of action existed against defendants, where the verified complaint stated a cause of action, and was made a part of the affidavit.</p>