Chubbuck v. Beaty

Paul R. Chubbuck presented an application to the district court of Morton county to open up a judgment rendered against him upon service by publication, claiming that he had no actual notice or' knowl*790edge of the pendency of the action in time to defend. At the hearing the adverse party offered evidence to the contrary, consisting of an affidavit of the attorney for the plaintiff stating that he had sent to Chubbuck’s post-office address in Illinois a registered letter enclosing a copy of the notice of publication clipped from a newspaper, and had received in reply thereto a registry return…