Specialties Distributing Co. v. Whitehead

This case was heard and submitted in the trial court on a stipulation of facts and on the pleadings filed. To such stipulation defendant Whitehead was not a party. He was not served with process, nor did he enter an appearance. On the affidavit of counsel for plaintiff an -order of publication was issued and mailed to the last-known address of defendant Whitehead but was not delivered. The order was then published.

The stipulation recites that on July 12, 1940, defendant Whitehead borrowed $750 from the defendant and cross-plaintiff, Detroit Creamery Company, to secure the payment of which he…