Krumenacker v. Andis
North Dakota Supreme Court
Appeal from the District Court of Stark County, Honorable 77. C. Crawford, Judge. In an affidavit for service of summons by publication, in an action against one whose residence is unknown, the statement that his “whereabouts” are unknown to affiant is equivalent to a statement that his “residence” is unknown, and is a full compliance with the statute. Comp.
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Appeal from the District Court of Stark County, Honorable 77. C. Crawford, Judge. In an affidavit for service of summons by publication, in an action against one whose residence is unknown, the statement that his “whereabouts” are unknown to affiant is equivalent to a statement that his “residence” is unknown, and is a full compliance with the statute. Comp. Laws 1913, § 7428; Jablonski v. Piesik, 30 N. D. 543, 153 N. W. 274; Dallas v. Luster, 27 N. D. 450, 147 N. "W. 95; Horton v. Monroe, 98 Mich. 195, 57 N. W. 109; Leigh v. Green, 62 Neb. 344, 89 Am. St. Rep. 751, 86 N. W. 1093. For the…
1ConcurrenceChristianson, J.
I concur fully in the conclusions reached in the opinion prepared by Mr. Justice Grace, for the reasons stated in that part of his opinion covered by paragraph % of the syllabus. I am not prepared, however, to say that the use of the word “whereabouts,” instead of the word “residence,” in an affidavit *516for publication of a summons, renders void such affidavit and a judgment based upon service made thereunder, and I express no opinion upon that question.
In connection with what is said by Mr. Justice Grace with respect to § 8725, Comp. Laws 1913, it may be observed that the policy of allowing…
2Cases cited13 opinions
- Tucker v. Colonial Fire InsuranceWest Virginia Supreme Court · 1905
- Calmer v. CalmerNorth Dakota Supreme Court · 1906
- Fore v. Estate of ForeNorth Dakota Supreme Court · 1891
- McGrew v. Mutual Life InsuranceCalifornia Supreme Court · 1901
- Hill v. TerrellSupreme Court of Georgia · 1905
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