Ver Planck v. Godfrey

The action is to foreclose a mortgage and application is made to vacate an order of publication. While the allegations tending to show the inability with due diligence to make personal service of the summons are intrinsically weak and are fairly open to the criticism that the efforts made disclose a failure to follow up the ordinary channels pursued in order to obtain information, the more serious defect is a noneompliance with section 440 of the Code of Civil Procedure in that the post-office in which the copies are directed to be deposited is not specified in the order. *55The order provides…