Washburn v. Buchanan

*418The opinion of the court was delivered by

HobtoN, C. J.:

It is contended that the affidavit for publication in this case, and the service based thereon, is voidable, and that, as it was properly challenged by motion, the trial court should have set the service aside. There is but one question for consideration: Was the affidavit for publication sufficient to authorize the trial court to render the judgment of foreclosure? Section 73 of the code of 1868 was the law of this state providing for an affidavit for publication until chapter 107 of the Laws of 1889 took effect. It reads:

“Sec. 73.…