Odell v. Campbell

Citations

• 9 Or. 298

Syllabus

<p>Judgments of Courts of General Jurisdiction.</p> <p>There is no presumption in favor of courts of general jurisdiction, except as to matters and persons falling within the scope of that jurisdiction. Where the proceeding is special, and outside of that general scope, either as to subjects or persons, the presumption ceases, and the record must show a compliance with the special authority by which the extraordinary jurisdiction is exercised.</p> <p>Summons — Service by Publication.</p> <p>Where the order for publication omits to direct that a copy of the summons and complaint be mailed to the defendant, addressed to his place of residence, and there is nothing in the record, or in the facts recited in the order to excuse such omission, the requirements of the statute are not complied with by mere publication, and the order,, and the service, and the judgment following it, are void.</p> <p>Statute must be Strictly Complied With.</p> <p>Where the statute prescribes certain things which the summons published shall contain, they must be deemed essential and necessary, and the absence of any of them is not a compliance with its requirements, and is fatal to the jurisdiction.</p> <p>Proof of Service by Publication.</p> <p>Where the service of summons is had by publication, proof thereof can only be made by the affidavit of the printer, or his foreman, or his principal clerk, and the affidavit should state that the person taking the same holds one of these positions. An affidavit commencing in this way: “ A. B., editor of the Oregon Statesman newspaper, * * * being sworn say,” etc., is insufficient, and would not give the court jurisdiction of the defendant.</p> <p>Judgment — Effect of Untrue Recitals.</p> <p>An averment of due publication of a summons, in a judgment entry, which appears from the record to be untrue, or is not affirmatively supported by the facts contained in such record, is a nullity, and may be disregarded.</p>