Long v. Fife

The opinion of the court was delivered by'

HobtoN, C. J.:

On the first day of September, 1886, J. O. Fife filed a petition in the district court of Wyandotte county, asking judgment against Mrs. M. A. Hays, for $100 for attorney’s fees. A summons was issued on the same day, and returned on the third day of September, 1886, “not found.” On the same day on which the petition was filed, an affidavit *272for publication was filed in the clerk’s office of the court, which, omitting caption, is in words and figures as follows:

“ J. O. Fife, Plaintiff, v. Mes. M. A. Hays, Defendant. — J. O. Fife, of lawful…