Sichler

Action for the foreclosure of a mortgage. Judgment by default was entered against all of the defendants. The defendant Arrasmith has appealed, upon the grounds that the court had no jurisdiction to enter the judgment against him, and that the judgment as entered exceeds the allegations of the complaint.

The service upon the appellant was by the publication of the summons. It is recited, in the judgment, “ that *605 P. H. Look .... and D. A. Arrasmith, the above-named defendants, have been duly and regularly summoned to answer unto the plaintiff’s complaint herein, and that the said defendants, and each of them, have made default in that behalf,” etc., and in the judgment roll is found an affidavit which was filed December 29, 1890, sufficient in form and substance, of a publication of the summons in the Santa Ana Standard, commencing September 20, 1890. The judgment roll also contains a document which was filed March 4,1891, which purports to be a copy of an affidavit made January 5,1891, of the deposit on the 19th of September, 1890, “ pursuant to an order of the court,” of a copy of the summons and complaint in the post-office, directed to the appellant at Keokuk, Iowa. A…