Denton v. . Vassiliades

Without debating the question whether lis pendens may be used instead of attachment in service of process where the defendants are nonresidents of the State, suffice it to say the affidavit filed by plaintiffs’ attorney in the instant case is insufficient to procure service of summons by publication. Martin v. Martin, 205 N. C., 157, 170 S. E., 651. It is not averred in the affidavit, as required by O. S., 484, that the defendants “cannot, after due diligence, be found in the State.” This is an essential requirement, and it must be made to appear “to the satisfaction of the court.” Bethell v.…