Williams v. Board of County Commissioners

The opinion of the court was delivered by

BURCH, J.:

This proceeding in error was instituted to reverse an order of the district court denying an application to open a judgment rendered upon publication service. The practice in such cases is regulated by section 77 of the code of civil procedure, which reads as follows:

“A party against whom a judgment or order hag been rendered, without other service than by publica*694tion in a newspaper, may, at any time within three years after the date of the judgment or order, have the same opened, and be let in to defend. Before the judgment or order shall be…