Ricks v. Wade, Judge

WOLFE, Justice.

I concur in the result. The statute does say that “personal service of a copy of the summons and complaint outside of the state is equivalent to publication and deposit in the post office” (italics added), thus giving weight to the argument that an order from the court or clerk is a condition precedent to all constructive service, the personal service being in lieu of publication and mailing merely. But I cannot see how this result would be changed if part of Section 104-5-13, R. S. U. 1933, had been included in Section 104-5-12, as indicated by the opinion. I think the answer…