Locke v. Gilbert

HALL, C.

This is an appeal by defendant, Joseph F. Locke, from an order denying his motion to vacate a judgment rendered against him on substituted service by publication ; the ground of objection, as Set up in the motion, being that the court was without jurisdiction to render judgment because the defendant, at the commencement of the suit and all material times thereafter, was a resident of this state, and that he had never secreted himself for the purpose of evading the service of process; and that, therefore, the 'service was obtained upon him by fraud.

The proceeding was by motion. The…