Moran v. Catlett

The majority opinion makes this case depend upon one supposed defect in the record. An affidavit for publication of summons was made by the plaintiff’s attorney — yes, two or three of them were made by the plaintiff’s attorney. They stated the facts that would justify such service, and there is no question now but that the facts existed at that time as stated in those affidavits. The statutory ground for service by publication is shown beyond question to have existed at the time, and the question decided is whether the plaintiff also made an affidavit himself in the case. If he did, *36the sale…