Howard

This is an appeal by the defendant McChesney from an order denying his motion to set aside a decree' of foreclosure entered against him by default. His motion is not based upon section 473 of the Code of Civil Procedure; he does not ask to be allowed to answer to the merits; it was not made until more than a year after the rendition of the judgment.. It rests entirely upon the theory that the judgment is absolutely void, and could, therefore, be set aside at any time on motion.

*537 Service was had on appellant by publication; and he bases his contention that the judgment is void upon the ground of the insufficiency of the affidavit of publication made before the entry of the decree and attached to the judgment-roll. The publication was by the order of the court to be for two months in a certain weekly newspaper; and the affidavit stated that the summons was published in said newspaper every week and weekly “for the period of more than two months from the twenty-sixth day of November, 1891, to the eleventh day of February, 1892, viz”: Then follows a statement of each seventh day between said two dates, except that the 21st of January, 1892—a regular day for the issuance of said…