Buisseret

Defendant Buisseret appeals from orders of the superior court denying motions made by him to vacate a default judgment, and to dissolve an attachment. The action was brought to recover the sum of $5,241.04 from defendants for goods, wares and merchandise sold to them. By the bill of exceptions it appears that both of the motions mentioned were presented at the same time. Among the grounds upon which the motions were made it. was specified that the court had obtained no jurisdiction over the defendant entitling it to render judgment against him, and that the affidavit upon which the writ of attachment was issued was insufficient to authorize the issuance of such writ. It was specified as a further objection to the validity of the judgment that the service of summons was made by publication thereof, and that the facts stated in the affidavit upon which the order for publication was based did not make out a sufficient ease authorising the summons to be so served. The files and records of the case were used on the hearing of the motions, including the affidavit on attachment, and the writ.

The affidavits upon which the order for publication of summons was based showed that search had…