Whitlock v. Schoeb

The opinion of the court was delivered by

Price, J.:

This is an appeal from an order sustaining a motion to quash constructive service of process upon two of the named defendants.

The basic question involved is whether constructive service of process is valid in an action wherein the relief sought is an injunction prohibiting nonresident landowners from committing a nuisance in violation of restrictive covenants imposed upon real estate in this state.

The factual background and the nature of the relief sought, as disclosed by the petition, are as follows:

Defendant Roy Schoeb was the owner of…