Martens v. Green

The opinion of the court was delivered by

Hopkins, J.:

The defendants appeal from an order of the district court refusing to open a judgment procured on service by publication and refusing to permit them to be let in to defend.

On August 25, 1921, plaintiff filed her petition alleging ownership of an undivided half interest in certain real property and praying for partition thereof. At the same time her attorney filed an affidavit for service by publication, in which he stated, “that he is the attorney for the plaintiff herein, and that plaintiff has filed her petition in this action for the…