Before service can be made by publication an affidavit must be filed in the action showing the cause to be one for the specific performance of a contract for the sale of real estate, and that the defendant to be served with process is a nonresident of the state, and it being shown to the satisfaction of the court that the defendant is in fact a nonresident, the court shall order service by publication.
History: Laws 1933, ch. 9, § 3; 1941 Comp., § 25-1603; 1953 Comp., § 22-18-3.
ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Cross references. — For service by publication, see Rule 1-004H NMRA.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 71 Am. Jur. 2d Specific Performance § 186.
Treatment, under Federal Juvenile Delinquency Act (18 USCS §§ 5031-5042), of juvenile alleged to have violated law of United States, 137 A.L.R. Fed. 481.