Plummer v. Bair

Citations

• 12 S.D. 23
• 80 N.W. 139
• 1899 S.D. LEXIS 68

Syllabus

<p>Under Comp. Laws, § 4900, which provides that a summons may be served by publication when “the person on whom the service of the summons is to be made cannot, after due diligence, be found within the state” an affidivit,in an attachment suit, of plaintiff’s attorney, which states “that he placed a summons in the hands of the sheriff for service; that the latter has made his return on the summons, showing that, after due and diligent seach and inquiry, he is unable to find the defendant, and has returned the same unserved” — is in sufficient to support an order for publication of the summons, as it does not show what efforts the sheriff made to find defendant, but merely expresses his opinion of his acts.</p>