Young v. Martin

The opinion of the court was delivered by

DAWSON, J.:

This appeal chiefly presents the narrow question whether an application is sufficient to open a judgment obtained by publication service when verified by defendant’s attorney “on information and belief.”

The facts in brief were these: On January 12, 1910, the plaintiff brought a suit to quiet title to a quarter section of land in Rice county. Service on some of the defendants, including Richard M. Vanatta, William V. McCulley and William R. Mc-Culley, was effected by publication. On April 6, 1910, a default judgment was rendered against these…