State ex rel. Crummer v. Fourth Judicial District Court

*278OPINION

By the Court,

Merrill, J.:

Petitioner seeks a writ prohibiting further proceedings in an action before respondent court in which action petitioner is the defendant. The question presented is whether that court, by substituted service of process, has acquired personal jurisdiction over petitioner.

Two sections of our statutes are involved. Sec. 8582, N.C.L.1929, Supp. 1931-1941, provides in part as follows : “When the person on whom service is to be made resides out of the state, or has departed from the state, or cannot, after due diligence, be found within the state, or conceals himself…