Cox v. Brown

*710The opinion of the court was delivered by

Mason, J.:

This case involves the question whether defendants served only by publication may have the judgment against them vacated without establishing the existence of a defense, under the statute reading:

“A party against whom a judgment or order has been rendered, without other service than publication in a newspaper, may, at any time within three years after the date of the judgment or order, have the same opened, and be let in to defend. Before the judgment or order shall be opened the applicant shall give notice to the adverse party of his…