Roche v. Ward

Barculo, Justice.

The notice of motion in this case does not specify any irregularity, and therefore the defendant can not, consistent with the settled practice, avail himself of that objection to the plaintiff’s proceedings. He asks to have the service of the summons and complaint set aside. In his points he contends that the affidavit on which the order for publication was granted (the defendant being a non resident), was defective in a variety of particulars. I am unable to discover any substantial insufficiency; and even if I should think that the evidence was slight as to “ due…