Millage v. Richards

Mr. Justice, White

delivered the opinion of the court:

■ '• In November,- 1903, appellant,'as plaintiff, -brought -a Suit to quiet title -to a- certain tract of land, under "the provisions of the statute. The appellees were named as 'defendants therein. A summons was issued, placed in the hands of the sheriff -for service, and the- return showed that, “after diligent search, the within named defendant can not be- found in my county.” Thereupon summons by publication was had. The affidavit upon which ■the order for publication of ■ the summons was' based, failed to compiy with the statutory…