Heisen

This is a suit by the assignee of Margaretta Z. Smith against the defendant Smith, her former guardian, and the sureties on his bond, to recover the sum of $466, adjudged to be due her from the guardian on a settlement of his account. The citation on the guardian to account was served by publication, as in the ease of Trumpler v. Cotton, 109 Cal. 250 , 255, and it is claimed was insufficient to give the court jurisdiction. The jurisdiction of the court is attacked on several grounds, which will be considered seriatim.

1. The order of publication, made. August 18, 1896, after reciting that a citation previously issued had not been, and could not be, personally served, and that time did not remain to make publication before return day, directs “that the citation [theretofore] issued be vacated and set aside,” and that a new citation issue “returnable November 27, 1896”; and that “the service of said citation be made ... by publication” as directed. . . . The citation issued under this order—which is in the same terms as the original except as to the return day—is dated August 19th, the following day, which is the defect complained of. We can see no objection to this mode of…