
    
      Nicholas’s Administrator vs. Gratz,
    
    Chancery.
    Error to the Fayette Circuit; Thomas M. I-Iickey, Judge,
    
      Order of publication. Certificate of editor.
    
    October 26.
    Certificate of publication, to which editor’s name is signed by another. is no evidence of publication.
   Judge Robertson

deliverer! the opinion of the Court.

There is no evidence that the order of publication against R. C. Nicholas, was ever regularly published. The certificate of Savary is not such as the act of assembly requires. This act for certifying constructive service, should be strictly com-does not appear who Savarv is, or - • 1 • ' plied with. It what authority he had for giving the certificate. Therefore, the court erred in decreeing against Nicholas, who does not appear to have been made a party to the suit.

Note. The certificate of publication, in this case, w'as signed liT. Smith, by H. Savary.” Reporter.

Wickliffe, for plaintiff; Chinn, for defendant.

Wherefore, the decree for this reason alone, is re- , versed, and the cause remanded for new proceedings consistent with this opinion.  