every stage of which, up to the application for transfer, the defendant had been acting only on the defensive. There is nothing in the opinion in Wing v. Railroad Co., (S. D.) 47 N. W. Rep. 530, or Ames v. Railroad Co., 4 Dill. 251, to justify such a contention; on the contrary, we cite them in support of our conclusion. Should we be in error in our decision, the federal supreme court can correct it. The application is denied. All concur.
Rhode Island Hospital Trust Company, as Executor and Trustee of the estate of George H. Brown, deceased, Plaintiff and Respondent, v. Andrew J. Keeney, Defendant and Appellant.
1. Attachment—Summons Must be Served Within Thirty Days.
Unless the summons in an action ig served in the manner prescribed by law within 30 days after the issue of a warrant of attachment, the writ becomes void, and will be set aside on motion.
2. Personal Service of Summons Without the State.
The summons and complaint mailed to the defendant were taken from the postoffice by defendant’s husband, and delivered to her in a sealed envelope. Held, not personal service, within the meaning of the statute permitting personal service without the state as a substitute for publication and deposit in the postoffice.
(Opinion Filed February 2, 1891.)
APPEAL from district court, Cass county; Hon. William B. McConnell, Judge.
S. G. Roberts, (Benton & Amidon, of counsel,) for appellant: The statute providing for servite on defendant not in the state must be strictly followed. Forbes v. Hyde, 31 Cal. 351; Beach v. Beach, 43 N. W. 702; Barber v. Morris, 33 id. 560. Wortman v. Wortman, 7 Abb. Pr. 72.
Messrs. Ball and Smith for respondent: The statute must be strictly followed but should be liberally construed. See 2129 Civil Code. The statute is silent as to the manner in which personal service out of the state shall be made, and in this case
