Sears v. Weimer

The question for decision is whether jurisdiction in the original action was obtained in a manner which permits a dormant judgment to be revived against a nonresident of the state upon whom service was had by publication only. Our decision is to be governed by the provisions of Section 11646, General Code, which reads as follows:

“When either party to such dormant judgment or finding,- his agent or attorney, makes affidavit showing that the adverse party is not a resident of the state, that such judgment or finding remains unsatisfied in whole or part and the amount owing thereon, service may…