O'Rear v. Lazarus

The judgment in this case must be reversed; it rests entirely upon an attempted constructive service by publication. This method of obtaining service is in derogation of the common law; consequently the proposition is universally recognized that every material requirement of the statute in relation thereto must be strictly complied with.

There is stated in the affidavit, upon which the order for publication rests, sufficient information concerning the actual place of abode of the non-resident defendant to require that a copy of the summons should have been mailed to him. The materiality of…