Confer v. District Court

OPINION

By the Court,

SANDERS, J.:

An alternative writ of mandamus was issued out of this court at the instance of Emma E. Confer, directed to the respondent court and to Hon. George A. Bartlett, as j udge thereof, commanding him to show cause before this court at the time specified in the writ why he should not be compelled to grant an order directing that service of a summons issued upon a verified complaint on file in said respondent court be made by the publication thereof.

To obtain legal service by publication of a summons against a nonresident, it must appear by affidavit to the…