Corneal v. O'Brien

Upon review of plaintiff below Margery O’Brien’s Consent to Voluntarily Withdraw Default and to Remand, and upon our independent review of the record, we remand this matter to the circuit court with instruction to the clerk to vacate the default at issue.

When a complainant resorts to constructive service... .[w]here personal service of process cannot be had, then service of process by publication may be had upon the filing of an affidavit on plaintiff’s behalf stating the residence of the person to be served as particularly as is known after ‘diligent search and inquiry.’ In addition to the…