Dickenson v. Babich

This is an action wherein plaintiff recovered damages against the defendant for alienating the affections of plaintiff’s wife. From the judgment entered the defendant appeals.

Constructive service of summons was had upon the defendant by publication, as provided in ORS 15.140. The defendant appeared specially and moved to set aside the service had upon him. The trial court denied the defendant’s motion and the defendant assigns this as error.

The action was commenced on December 29, 1953, and summons for personal service was placed in the hands of the sheriff of Marion county on December 30,…