Parsons

In February, 1895, H. F. Weis, the appellant herein, commenced an action against the plaintiff and thirty-one others in the superior court of the county of San Diego to obtain a judgment quieting his title as against them to certain lands in that county, and declaring that the defendants had no estate or interest therein. Service of the summons upon the defendants was made under an order for its publication, and for the purpose of obtaining such order an affidavit by Sylvester Kipp, the attorney for Weis, was presented to the court, in which he stated that the plaintiff herein resided at Chicago, Illinois; that he did not know the residence of many of the other defendants (naming them); that he had made diligent search and inquiry for each of them, and that they, including the plaintiff herein, “cannot be found within the state of California.” The court thereupon made an order for the publication of the summons in the San Diego Weekly Union, and directed that a copy of the summons and complaint be deposited in the post-office at San Diego, addressed to the plaintiff herein at Chicago, Illinois. After the expiration of the time for which the publication was ordered, an affidavit of…