54 P. 660 | Or. | 1898
delivered the opinion.
The questions made touching the return of the constable were confessed by the motion for leave to that officer to amend the same, and therefore it becomes unnecessary for us to consider them. It is pertinent, however, for us to inquire whether the court below should not have granted leave to amend. The affidavit of the constable, upon which the motion was based, omitting formal parts, states the following : “ That, immediately upon the receipt of the above-mentioned notice of appeal, I, acting in an official capacity, at once proceeded to make diligent inquiry, and using every effort in my power to find the above-named plaintiff, Ralph Fisk, for
Aeeirmed.