Legal Opinion

Kennedy v. Arthur

New York Supreme Court

Decided July 8, 1890PublishedCited by 2 opinions

At chambers. Action by Emma Kennedy and others against Matilda Arthur and others for partition. The purchaser at the partition sale now moves to be relieved from her purchase. ■ '

1Opinion of the CourtIngraham, J.

Section 440 of the Code, which authorizes an order for the service of a summons by publication, or upon a non-resident out of the state, is as follows: “The order must direct that service of the summons on the defendant named or described in the order be made by publication in two newspapers, * * .* or at the option of the plaintiff by service of the summons, and of a copy of the complaint and order without the state upon the defendant personally.” It must also contain either a direction to mail, in a specified post-office, copies of the summons, complaint, and order, or a statement that the…

2Cases cited1 opinion

  1. Fetes v. VolmerNew York Supreme Court · 1889

3Cited by2 opinions

  1. Brown v. FletcherCourt of Appeals for the Second Circuit · 1916
  2. Brown v. FletcherDistrict Court, S.D. New York · 1912

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