Parke v. Gay

On the 20th day of February, 1899, the plaintiff obtained an attachment against the property of the defendant as a nonresident debtor. Failing to secure personal service of the summons, he obtained an order for service -by publication on the 23d day of March, 1899. Thereupon the defendant, appearing specially for the purpose, moved to vacate the attachment because of a failure to comply with section 638 of the Code of Civil Procedure, which requires that personal service of the summons must be made upon the defendant against whose property the warrant is granted “ within thirty days after the…