Opinion of the court by

Several assignments of error are made by the plaintiff in error, for reversal of this case, but in the brief and argument of counsel for plaintiff in error, but two points are discussed. First, the court erred in rendering judgment against the garnishee in the first instance; and second, should have sustained the motion to vacate.

Counsel’s first point, and the only one urged, as a reason why the judgment against the ganishee was wrong, is that the service of summons upon the garnishee was not sufficient, because it was made by leaving a copy at his usual place of residence. Counsel argues that a service upon a garnishee can only be made by delivering a copy of the sum'mons to him or his attorney in person. We do not under *120 stand, or we fail to see tlie force of this argument, when we consider it in connection with the statute. Section 4080 of the Revised Statutes of 1893, in providing for the service of a garnishee summons, and how it shall be served, makes this provision: “In the manner provided for service of summons.” Section 3938, which relates to the service of an ordinary summons, provides that: “The service shall be by delivering a copy of the summons to the defendant personally, or by leaving one at his usual place of residence, at any time before the return day.” Row in the case of an ordinary summons there is two ways in which a legal service may be made. One by delivering a copy to the defendant personally; the other by leaving one at his usual place of residence, at any time before the return day. Either one of these methods is prescribed by the statute, and defined to be a good and valid service. It is true, as counsel say, that the statute directs that service must be made upon a garnishee or his attorney of record, but this particular statute does not prescribe how the service shall be made, but merely names the person upon whom the service may be made. The clause quoted above describes the method, namely, that it shall be the same as in a case of an ordinary summons, which every lawyer knows may be made by delivering a copy personally to the defendant, or by leaving it at his usual place of residence.

The next proposition urged by counsel is that the court erred in rendering judgment against the garnishee, for the reason that the affidavit for publication was insufficient. Counsel in their argument say that the paper, meaning the affidavit, in controversy, contains all the essentials except the venue. That seems to mean that the affidavit is suf *121 ficient in every particular .except that; that is, they allege it fails to state the venne. Many respectable authorities hold that the venue is not necessary to the validity of an ¡affidavit. (State v. Henning, [S. D.] 54 N. W. 536; Young v. Young, 18 Minn. 90; Wood v. Blythe, 46 Wis 650.) But we do not think it necessary to discuss the proposition, as to whether the venue was necessary to the validity of the affidavit in question or not, as we think a reference to the affidavit itself will show that the venue was clearly stated therein. The affidavit in question is headed as follows:

"Territory of Oklahoma, County of Canadian — ss. “In the Prolate Court of said County.

“W. J. Brown, Plaintiff, v. J. E. Warren, Defendant,

“W. L. Baxter, being first duly sworn on his oath states, etc.”

Why this affidavit does not show the venue is more than we can understand. The only purpose of the venue is to show that the person administering the oath is in his jurisdiction. It appears from this affidavit that it was made in Canadian county, Oklahoma Territory, before the probate court of said county, and the jurat subscribed to before the probate judge, and it seems to us that this affidavit clearly and unmistakably stated the venue, and as these are the only reasons urged by the plaintiff in error for a reversal of the case, it seems unnecessary to discuss the case further. It is true that counsel allege that there was not evidence sufficient to sustain the finding of the court below, but under the well recognized rule laid down in this court, that where there is evidence which reasonably tends to sustain either the verdict of a jury, or the finding of the court below, this court will not disturb the finding.

*122 We have examnied the transcript, and can find no error therein. For this reason the judgment of the probate court is affirmed.