Oldroyd v. Willis

DISSENTING OPINION

By ROSS, J.

The service by publication is predicated entirely upon the affidavit for service by publication. This affidavit is provided for in §11293, GC, which is set forth in the majority opinion in this case. The reference in the affidavit is entirely to paragraph 1.1 of §11292, GC. This section reads in part as follows:

“Service may be made by publication in any of the following cases:

11. In an action or proceeding for a new trial or other relief after judgment, or to impeach a judgment or order for fraud, or to obtain an order of satisfaction thereof, when the defendant…