Matteson v. Smith

This appeal is from a judgment for' the foreclosure of a mortgage executed by the defendant Smith. The defendants Rice and wife are subsequent incumbrancers of the mortgaged premises. Neither defendant made appearance in the action. The summons was served by a person not an officer, and the affidavit of service is, that on a day and at a place therein named, the affiant served the summons and complaint, “personally on B. J. Rice and Naomi Rice, to him personally known, by handing each of said defendants, at their residence, a true copy thereof;” and on the defendant Smith,, “ by leaving a…