Robertson v. Young

This was a proceeding to foreclose a mortgage. The sheriff returned the original notice “not found,” and thereupon the clerk of the District Court ordered the same to be published, as required by section 2, chapter 191, laws of 1856-7. Defendant appeared specially, and moved to quash the notice and return, in substance because *292the plaintiff had not proceeded as required by chapter 240, of the same laws. The motion was sustained and it is of this ruling that plaintiff complains.

Counsel argue the question as though the first act was repealed by the second. Such, however, is not our…