Kennedy v. Arthur
New York Supreme Court
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
- Fetes v. VolmerNew York Supreme Court · 1889
3Cited by2 opinions
- Brown v. FletcherCourt of Appeals for the Second Circuit · 1916
- Brown v. FletcherDistrict Court, S.D. New York · 1912