Sizemore v. Smith

In my view, the service of summons *335by publication was sufficient and valid. “Reasonable diligence” to ascertain the residence of defendant was made by the plaintiff. The court of appeals correctly noted that “reasonable diligence” as defined by Black’s Law Dictionary (5 Ed. 1979), at 412, means, “[a] fair, proper and due degree of care and activity, measured with reference to the particular circumstances; such diligence, care, or attention as might be expected from a man of ordinary prudence and activity.”

“Reasonable diligence” does not require an exasperatingly intense effort be focused on…