Salisbury v. Cooper

The question of title raised by the answer before me turns upon the sufficiency of the affidavit to support the order of publication, under which it was sought to- obtain jurisdiction of a certain defendant in a foreclosure action instituted in the year 1860.

This affidavit states simply that the defendant “ cannot after due diligence be found within this state ” and “ that his residence is unknown to this deponent, nor can the same after reasonable diligence be ascertained by him, this deponent ”, the words used being practically in the language of the statute applicable at the time (Code…