Iowa State Savings Bank v. Jacobson

Citations

• 8 S.D. 292
• 66 N.W. 453
• 1896 S.D. LEXIS 25

Syllabus

<p>1. Leave to file a supplemental abstract for the sole purpose of presenting a corrected printer’s affidavit of publication, not before the trial court but filed therein, nunc pro iunc, long after an appeal had been perfected, will not be allowed.</p> <p>2. In an action against a non-resident defendant having property within the state, an order for the publication of the summons may be granted before said property has been actually seized under attachment, and upon an affidavit which contains a statement of all the jurisdictional facts, together with evidence relating thereto sufficient to convince the court of the existence of a case authorizing a substituted service under the statute.</p> <p>3. A judgment in a suit aided by attachment need not direct a sale of the property in satisfaction thereof, as the law explicitly imposes that duty upon the attaching officer.</p> <p>4. Proof that a notice is published in a weekly newspaper for seven successive issues commencing on December 25, 1891, and concluding on February 5, 1892, is sufficient to show a publication thereof “once in each week for six successive weeks,” as required by statute.</p> <p>(Syllabus by the Court.</p>