Page:North Dakota Reports (vol. 1).pdf/436

 the receipt of the summons is admitted. Under such circumstances there is no reason for holding the service void because made by a co-defendant. Cheeney v. Harding, 32 N. W. 64; Hanna v. Barrett, 18 Pac. 497; Johnson v. McCoy, 9 S. E. 87.

, C. J. Under § 5011 of the Compiled Laws, appellant, by motion, assailed the attachment issued against the defendant’s property herein, having purchased the same subsequently to the levy of the warrant, founding his motion upon the alleged legal death of the writ. He urged that the summons had not been served within thirty days after the warrant was issued, and that under the express provisions of the statute the attachment fell. Having failed in his motion, he has taken this appeal. The mere issue of a summons confers upon the court jurisdiction to issue a writ of attachment, provided proper affidavit and undertaking are filed. For the special purpose of obtaining and levying such a writ, the action is deemed pending from the time the summons is issued. The court’s jurisdiction, however, is conditional. Personal service of the summons must be, made, or publication thereof must be commenced within thirty days after the issue of the writ, to preserve its life. Section 4993, Comp. Laws. Such service is a condition precedent to the preservation of such jurisdiction. Taylor v. Troncoso, 76 N. Y. 599; Mojarrieta v. Saenz, 80 N. Y. 658; Blossom v. Estes, 84 N. Y. 615; Millar v. Babcock, 29 Mich. 526. For the purpose of the issue and levy of an attachment, the action is deemed pending from the time the summons is issued, provided the summons is served personally or constructively within thirty days. Within thirty days of what particular period is not stated, but we are clear that such period is the date of the issue of the writ. This view is sustained by the decisions of New York, where the same provision is found. Taylor v. Tro:coso, 76 N. ¥. 599; Mojarrieta v. Saenz, 80 N. Y. 658; Blossom v. Estes, 84 N. Y. 615; Gribbon v. Freel, 93 N. Y. 93. No personal service was made within the state, nor was the summons published; but the summons and complaint were mailed to the defendant, directed to her at her place of residence without the state, and the sealed envelope containing them was handed to her by her husband, who took the mail from the postoffice.