Soderberg v. Soderberg

This application must be refused. The jurisdiction thus sought to be acquired is strictly statutory, and can be acquired only in the mode prescribed by section 104-of the Code of Civil Procedure. The applicant must not only show that the case falls within some ope of the five subdivision's of that section, but he must also establish the jurisdictional fact that, the person on whom the service of the summons is to be‘ made, cannot, after due diligence, be found within the Terri-; tory. ■ '

The circumstance that such person is a non-resident is of ho importance, except as it tends to establish…