Morris v. Fee

This is an appeal from an order quashing substituted service of summons in an action for damages for personal injuries. The sole question is the propriety of the court’s order.

Plaintiff attempted substituted service upon the Department of Motor Vehicles as provided in OPS 15.190 (3). This statute provides for such service when service in conformance with OPS 15.080 cannot be made and the defendant, after due diligence, cannot be found within the state and that fact appears by affidavit to the satisfaction of the court or judge. The relevant part of plaintiff’s affidavit which was tendered…