State Ex Rel. Trustee Realty Co. v. Atkinson

An alternative writ of mandamus issued by this Court alleges that in an application for process in a chancery cause an affidavit states that the residence or residences of the defendants "are unknown to the complainant and to affiant," the respondent Circuit Judge "refused to make" an order for the publication of notice for defendants to appear in the cause. The writ commanded the Circuit Judge "to enter the aforesaid order of publication" or show cause etc.

A motion to quash contains grounds that the affidavit does not comply with the statute and is insufficient in that affiant fails to state…