Kinney v. Bauer

This was a suit in equity, brought, by appellee Bauer, to foreclose a mortgage. Appellant Kinney being a necessary party was made one of the defendants to the bill. Being a non-resident of the State, the only service of process was by publication, and the clerk mailing to him in the State of Ohio, a copy of the notice. His default was entered and such proceedings were had, that a decree of foreclosure, etc., passed April 25, 1878. Kinney filed his petition under the statute, duly verified, alleging that he did not receive the notice mailed to him, and praying to be heard touching the matter…