Oregon Supreme Court
Goodale v. Coffee
July 31, 189324 Or. 346
Summary
The court affirmed a decree foreclosing the plaintiffs’ mechanics lien after concluding that service by publication was valid. The affidavit, together with the attached complaint and lien, established the jurisdictional facts required for publication, and the order itself did not need to recite those facts. The later lienholders’ answers did not amend the complaint or require that their names appear in the published summons.
Holding
- Validity of service by publication. Service by publication was valid because the affidavit stated all jurisdictional facts required by the statute, and the complaint and lien attached to and incorporated into the affidavit adequately identified the property subject to the lien. The order for publication did not need to recite those facts.
- Names required in the published summons after intervention by other lienholders. The published summons was sufficient even though it named only the original defendants. The intervening lienholders’ answers did not amend the plaintiffs’ complaint, and the plaintiffs never filed and served an amended pleading adding them as parties to the complaint.