Brooklyn Trust Co. v. . Bulmer
New York Court of Appeals
Appeal from order of General Term of the Supreme Court in the second judicial department, reversing order of Special Term directing the purchase at sale of mortgaged premises to complete the sale. The action was brought to foreclose a mortgage of lands in Brooklyn, H. T. Defendant, Sarah Ann Bulmer, is a nonresident, residing in Hew Jersey.
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Appeal from order of General Term of the Supreme Court in the second judicial department, reversing order of Special Term directing the purchase at sale of mortgaged premises to complete the sale. The action was brought to foreclose a mortgage of lands in Brooklyn, H. T. Defendant, Sarah Ann Bulmer, is a nonresident, residing in Hew Jersey. October 2, 1871, an order was made, directing service of the summons on said defendant by publication six weeks, and mailing copy summons and complaint. October 4, 1871, summons and complaint were served personally on said defendant in Hew Jersey. October…
1Opinion of the CourtRapallo, J.
Personal service of the summons and com plaint can be made out of the State only when publication is ordered. (Code, § 135.) When so made, it is equivalent to publication and deposit in the post-office. (Id.) Section 137 declares that, in the cases mentioned in section 135, the service of the summons shall be deemed complete at the expira- . ,tion of the time prescribed by the order of publication. It is held, and we think correctly,, in .Tomlinson v. Van Vechten, (6 How., 199), and in Abrahams v. Mitchell (8 Abb. Pr., 123), that where personal service is thus -made opt of, the State, .such…
2Cases cited2 opinions
- Pease v. DwightSupreme Court of the United States · 1848
- Abrahams v. MitchellNew York Supreme Court · 1859
3Cited by9 opinions
- Darrow v. . CalkinsNew York Court of Appeals · 1897
- Market National Bank v. Pacific National BankNew York Court of Appeals · 1882
- Lane v. InnesSupreme Court of Minnesota · 1890
- Dallam County Bank v. BurnsideNew Mexico Supreme Court · 1926
- McLean v. MoranMontana Supreme Court · 1909
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