in quiet title action, due process requires notice by *450 means reasonably calculated to inform parties having legal rights which are to be directly affected, and notice by publication alone not sufficient where adverse parties’ names and addresses are known or easily ascertainable; party seeking notice by publication must disclose facts concerning "due diligence" exercised in ascertaining adversaries’ whereabouts; held, judgment based on notice by publication not tainted by failure of judgment roll to affirmatively show diligent effort to procure personal service, and judgment affirmed
How later courts described this case
- in quiet title action, due process requires notice by *450 means reasonably calculated to inform parties having legal rights which are to be directly affected, and notice by publication alone not sufficient where adverse parties’ names and addresses are known or easily ascertainable; party seeking notice by publication must disclose facts concerning "due diligence" exercised in ascertaining adversaries’ whereabouts; held, judgment based on notice by publication not tainted by failure of judgment roll to affirmatively show diligent effort to procure personal service, and judgment affirmed
Written by the judges who cited it.
The opinion
LAVENDER, Justice
(dissenting in part) :
I concur in those portions of the majority opinion herein which are represented by the first, second, and third paragraphs of the syllabus, and in the determination that the judgment under attack in the trial court was not shown to be violative of the “due process” provisions of the state or federal constitutions and should be affirmed; but I dissent to all other portions of the opinion.