Aloisi v. Deaton

Attorneys appearing specially for the defendant in a negligence action move to vacate the order of this court dated April 27, 1962, authorizing substituted service and *252to set aside the service of a summons and complaint made pursuant to the order.

It is contended that since the plaintiffs have not presented proof that the defendant has absented himself from the State or that he is evading service, the mere claim of inability to find the defendant does not warrant substituted service. A further contention is that the afore-mentioned order required service of the summons and complaint upon the…