Stevenson v. Hargraves

Citations

• 5 Alaska 656

Syllabus

<p>1. Process &wkey;>96(4)—Service by Publication—Aíteidavit.</p> <p>The defendant in this action was plaintiff in a former action where he procured a judgment against the plaintiff here on a money demand, during the absence of this plaintiff from the territory. Service of the summons and complaint in the former case was made by publication only. The affidavit for publication of summons in the former case set forth “that service of summons cannot be made upon defendant in accordance with the provisions of section 878, Compiled Laws of Alaska, for the reason that defendant is not within the territory of Alaska, and after due and diligent search cannot be found therein.” On writ of review, held, the affidavit is fatally defective, since it does not show that service could not have been made by leaving the summons with “some person of the family above the age of 14 years at the dwelling house or usual place of abode of the defendant.”</p> <p>2. Process &wkey;>98—Service by Publication—Showing in Record.</p> <p>Where personal service of the summons cannot be made on a defendant under section 87S of the Compiled Laws of Alaska 1913, it must be made to appear in the record to the satisfaction of the court or judge that the publication is sought in one of the cases specified in the six subdivisions of section 879, Compiled Laws of Alaska 1913, and if it does not so appear in the record that it is sought in any one of said cases there is no showing made that will justify a summons by publication.</p> <p>i@=3See same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p> <p>3. Justices op the Peace <&wkey;119(3)—Process—Publication—Validity op Judgment.</p> <p>The suit was before a justice of the peace, and was for a money judgment against the defendant, and the service was by publication. Such a judgment, rendered without statutory service of summons, would be absolutely void. A judgment based on attachment, or on the foreclosure of an attachment lien, would be void o