Opinion
June, 1907.
Present — Ingraham, McLaughlin, Clarke, Houghton and Lambert, JJ.
We think the court acquired jurisdiction, that the facts alleged in the affidavit were sufficient to justify a finding that the defendant could not with due diligence be found within this State, and that the sale under the judgment was, therefore, valid. It follows that judgment must be directed for the plaintiff, but, under the stipulation, without costs.
Judgment for plaintiff, without costs. Settle order on notice.