43 Neb. 326 | Neb. | 1895
On the ,17th day of December, 1891, this action was brought in the court below by plaintiff in error against F.
Our Code of Civil Procedure (section 77) provides:
In the case at bar all the jurisdictional facts are set up in the affidavit under which the publication of the summons-was made, and the question is presented whether it was competent for the trial court to receive testimony for the purpose of showing that the defendant Blanchard did not own the property attached. We think the answer must be in the affirmative. The affidavit for publication, although prima fade evidence of the existence of the jurisdictional facts therein alleged, is not conclusive. Suppose in this-case the defendant had made a special appearance, and moved to quash the service on the ground that she was a. resident of the state. Would it be contended for a mo
Reversed.