An officer's return of non est inventus as to the defendant, is evidence on which an action may be entered without service on the defendant, and continued for notice to him by publication.
DOE, C. J.
The construction of the statutes, settled by general practice, is, that either of several forms of return, including the one made in this case, is evidence on which an action may be entered and continued for notice. The notice given by publication was legal. A demurrer to the plea in abatement should be sustained.
Case discharged.
SMITH, J., did not sit: the others concurred.