William R. Day

“ It provides for service by publication when in any suit commenced in any district court of the United States to enforce any legal or equitable lien upon, or claim to, or to remove any incumbrance or lien or cloud upon the title to real or personal property within the district where such suit is brought, one or more of the defendants therein shall not be an inhabitant of or found within the said district, or shall not voluntarily appear thereto. ”

“ Plaintiff then procured an order for service upon the nonresident defendants by publication under section 57 of the Judicial Code (Comp. St. § 1039) . The nonresident defendants filed a special appearance for the purpose of asking the court to quash and set aside the order for service by publication, and for an order requiring the plaintiff to show cause why an order should not be made vacating and setting aside the service by publication, and also to vacate, quash, and set aside certain alleged service on an agent of the firm in the Southern District of New York. ”

“ That the question of the adequacy of the allegations of the bill to justify the relief sought does not present a jurisdictional question was held in Smith v. McKay, 161 U.S. 355, 16 Sup. Ct. 490, 40 L. Ed. 731; Illinois Central R. R. Co. v. Adams, 180 U.S. 28, 21 Sup. Ct. 251, 45 L. Ed. 410; L. & N. R. R. Co. ”