
    John Fitch et al. v. Daniel J. Campan.
    An affidavit made out of the state, verifying the return of the service of a summons, in pursuance of section 74 of the code, must be made before a person authorized by section 341 of the code to take depositions.
    Motion for leave tó file a petition in error to reverse the judgment of the District Court of Ottowa county.
    A judgment quieting the title of the plaintiffs to certain real estate situate in Ottowa county, against an alleged adverse claim or interest of the defendant, a non-resident of the state, was rendered on petition of the plaintiffs, in the court of common pleas of that county. No service was made on-the defendant in this state; nor was his appearance entered. The only proof of service in the case consisted in what purported to be an affidavit of George C. Codd, to the effect that he personally served a true copy of the summons and complaint on the defendant out of the state, which affidavit was made and sworn to before Ray Haddock, clerk of the Circuit Court for Wayne county, Michigan.”
    On petition in error, prosecuted by the defendant, the district court reversed the judgment.
    It is now sought to reverse the judgment of the district court.
    
      H. $ L. II. Goodwin, for the motion.
    
      John M. Lemmon, contra.
   By the Court.

The district court properly reversed the judgment of the common pleas. Section 61 of the code provides that when service of the summons is made out of the state, the return shall be verified by oath or affirmation. Section 336 authorizes proof of the service of the summons by affidavit. Section 337 provides that an affidavit may be made in and out of this state before any person authorized to take depositions. Section 341 authorizes depositions to be taken out of the state before the following named officers only, viz : a judge, justice, or chancellor of any court of record ; a justice of the peace, notary public, mayor, or chief magistrate of any city or town corporate; a commissioner appointed by the governor of this state to take depositions, or any person' authorized by a special commission of this state. A clerk of a court of record of a sister state is not one of the officers authorized by this section to take depositions out of the state, and therefore is not a person before whom a return of a summons may be verified.

Motion overruled.  