Romig v. Gillett

Citations

• 10 Okla. 186

Syllabus

<p>1. Service by Publication. Where a party seeks to bring a defendant into court upon service by publication under the code, he must strictly comply with the Requirements of the statute, and unless this be done the judgment will be void for want of jurisdiction of the person of the defendant.</p> <p>2. Affidavit of Non-Residence. An affidavit made by the plaintiff’s attorney upon information and belief merely, stating that the defendants are non-residents of the Territory, and that service or summons cannot be had upon them within said Territory, is wholly insufficient to authorize an order for publication of the summons, and the publication founded upon such an affidavit is absolutely void, and every subsequent proceeding in the case based upon such service, including the judgment, the order of sale, the confirmation of the sale, and the sheriff’s deed, are necessarily void for want of jurisdiction.</p> <p>(Syllabus by the Court.)</p>