Robinson v. Schappert

The opinion of the court was delivered by

Dawson, J.:

This appeal raises a question as to the sufficiency of an affidavit to obtain publication service of summons on nonresident defendants in a suit to foreclose a second-mortgage lien on certain Linn county lands.

In plaintiff’s affidavit, among the requisite facts required by the code to authorize service of summons by publication, one prescribed allegation of fact, probably inadvertently, was omitted, to wit: an allegation “that the plaintiff is unable to procure actual service of summons on such defendant or defendants within this state.” (R.…