Schuett v. Powers

This is a personal injury action in which the only issue is whether jurisdiction over defendants has been acquired by publication or by service on the commissioner of highways. If not, the statute of limitations has rim. The trial court held that service in both instances was fatally defective and we affirm.

1. The accident occurred on May 2, 1963. Defendants were nonresidents. On May 2, 1967, plaintiffs filed their complaint with the clerk of district court along with an affidavit for publication alleging:

“That both defendants are non-resident individuals or are resident individuals who have…