The Pacific Reporter Volume 134 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1913 Excerpt: ...nonresident defendants. The construction and application of statutes similar to ours have come before the courts upon various occasions. All the courts seem to hold that In order to confer Jurisdiction upon the court the provisions of the statute must be followed with at least reasonable strictness. It has been held, therefore, that, where no time is stated within which an order for service by publication must be made after the affidavit upon which the same is based is sworn to and filed, such order must be made within a reasonable time thereafter. The question arises, therefore, what constitutes a reasonable time in such cases? It seems to us that the Supreme Court of Illinois, in the case of Campbell v. McCahan, 41 111. 45, disposes of that question in a very satisfactory manner. It is there held that by reasonable time is meant the time which is reasonably necessary for the party making the affidavit to take the same to and file it with the officer with whom the law requires it to be filed. For example, if the affidavit is sworn to in the county, city, or town where the officer has his office, it should be filed and acted on practically on the same day on which It is sworn to. If it is sworn to in an adjoining or some other county in the state, then within such time that It requires, in due course of the mails or transportation, to carry the affidavit from the place where it is sworn to to the place where it must be filed. It is held, however, that in no case Bhould the time Intervening between the making of the affidavit and the filing thereof be so long as to destroy the affidavit as constituting prima facie evidence of the fact of nonresidence and absence from the state, and that such facts exist at the very time the affidavit is sworn to and filed. S...