Hyatt v. Wagenright

Balcón, Justice.

The Code requires that the order for the publication of the summons “ must direct a copy of the sum*249mons and complaint to be forthwith deposited in the post-office,, directed to the person, to be served at his place of residence, unless it appear that such residence is neither known to the party making the application, nor can with reasonable diligence be ascertained by him." (§ 135, sub. 5.) The affidavits in this case do not show the residence of the defendant, or that it is neither knoion to the plaintiff, nor can with reasonable diligence be ascertained by him. Which facts…