42-7-3. [Affidavit for service by publication.]
89 words·~1 min read·
/nm/chapter-42-actions-and-proceedings-relating-to-property/article-7-specific-performance/42-7-3·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Before service can be made by publication an affidavit must be filed in the action showing the cause to be one for the specific performance of a contract for the sale of real estate, and that the defendant to be served with process is a nonresident of the state, and it being shown to the satisfaction of the court that the defendant is in fact a nonresident, the court shall order service by publication.
History: Laws 1933, ch. 9, § 3; 1941 Comp., § 25-1603; 1953 Comp., § 22-18-3.