Ottman v. Daly

The plaintiff fails to show “ that the place of his [the defendant’s] sojourn cannot be ascertained, ” as required by Code, § 435.1 This is a substantial, and not a mere formal, requirement, the importance of which is exemplified by the facts of this case. The defendant, a well-known theatrical manager, is on the road with his company, which has dates for the summer season in the principal cities of the Union. The defendant of necessity sojourns in these different cities while his company performs there. He is not seeking to avoid service of process, but is attending to his legitimate…