DOW v. COWLEY-FRYE LBR. CO.

DOW v. COWLEY-FRYE LBR. CO.
1926 OK 310
247 P. 1109
119 Okla. 60
Case Number: 16311
Decided: 04/06/1926
Supreme Court of Oklahoma

DOW
v.
COWLEY-FRYE LBR. CO.

Syllabus

¶0 Judgment--Service by Publication--Mailing Copy of Petition--Necessity. Section 252, C. S. 1921, which provides, where service by publication is proper, a copy of the petition, with a copy of the publication notice attached thereto, shall within six days after the first publication is made, be inclosed in an envelope addressed to the defendant at his place of residence or business, postage paid, and deposited in the nearest post office, unless the plaintiff shall make and file an affidavit that such residence or place of business is unknown to him and cannot be ascertained within any means of his control, is mandatory; and a failure to comply with such requirement renders a judgment based upon such service void.

Rogers & Jones, for plaintiff in error.
Cowley & Riddle, for defendant in error.

JARMAN, C.