Simmons v. . Simmons

To avoid confusing definitions which may or may not be controlling in plaintiff’s selection of an available remedy, we must turn to applicable precedents and established rules of practice in our own jurisdictions. Guided by these we are of the opinion that the plaintiff in this action must seek her remedy by motion in the cause in Anson County, where the proceeding was had and the judgment assailed was rendered, rather than by independent suit in Stanly County.

Certainly the affidavit on which the order of service by publication is made is jurisdictional, and the omission therefrom of those…