Kirkegaard v. First City National Bank of Binghamton

DIES, Chief Justice.

First City National Bank of Bingham-ton, New York, sued appellant on a promissory note in the District Court of Bexar County on August 12, 1971. On October 14, 1971, Bank’s attorney mailed a motion for service under Rule 106 to the district judge enclosing an order. The unverified motion alleged:

“Now comes Plaintiff and would show that the Sheriff has been unable to serve the Defendant personally as she apparently is avoiding service of citation, that she is presently living at 7526 Alpine Valley, accepts telephone calls there and returns them, and is either the usual…