Elias v. Steel Furniture Co.

The validity of the order for service of the summons by publication and the service made thereunder, depend upon whether a valid levy was made under the attachment in question.

The facts in regard to the levy are in dispute; the deputy sheriff who attempted to make the levy deposes that he at no time-was shown nor had the notes and cash he was attempting to levy on in his actual possession or custody; the bank official who had the custody of the property deposes that the deputy sheriff “ after examining said notes and cash did not take them into his custody and possession but delivered them…