Nosal v. Collett

Actual notice, alone, is insufficient to vest jurisdiction in the court, Stinson v. Johnson, 3 Ariz.App. 320, 414 P.2d 169 (1966). The trial court properly concluded from the face of the affidavit that service was incomplete. This jurisdictional finding is controlled by and must yield to the return of service as it appears of record, Austin v. Smith, 114 U.S.App.D.C. 97, 312 F.2d 337 (1962); Powell v. Turpin, 224 N.C. 67, 29 S.E.2d 26 (1944).

Quashal of service was upheld in Dusminski v. Ladenheim, 43 F.Supp. 139 (E.D.N.Y.1942), in a very similar situation, •where the court stated:

“ * * * the…