Ter Har v. Backus

This is an appeal from an order dismissing an action for personal injuries arising from an automobile accident following the entry of a previous order quashing substituted service of summons upon the Motor Vehicles Division under ORS 15.190 (3). ①

That statute requires, among other things, that such substituted service may be made “when service of the summons or process cannot be made as prescribed in ORS 15.080, and the defendant after due diligence cannot be found within the state, and that fact appears by affidavit to the satisfaction of the court or judge thereof * *

The controlling issue…