Erickson v. . MacY
New York Court of Appeals
Appeal, by permission, from so much of an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 17, 1920, as affirmed an order of Special Term denying a motion to vacate and set aside the service of the summons upon the defendant by publication. The defendant is, and at all the times herein mentioned was, a resident of the county of Livingston in this state.
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Appeal, by permission, from so much of an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 17, 1920, as affirmed an order of Special Term denying a motion to vacate and set aside the service of the summons upon the defendant by publication. The defendant is, and at all the times herein mentioned was, a resident of the county of Livingston in this state. On the 29th day of June,-1912, he made and delivered to the plaintiff his promissory note dated that day for $22,704.04 payable with interest on demand. The note has not been paid. On the…
1Opinion of the CourtChase, J.
Whenever it is necessary to determine whether jurisdiction has been obtained over a defendant in an action by service of the summons in some way other than by personal service thereof, it must be Remembered that the general rule in regard to the service of process established by centuries of precedent, is that process must be served personally within the jurisdiction of the court upon the person to be affected thereby. Substituted service when provided by statute is in derogation of such general rule, and, consequently, the directions thereof must be strictly construed and fully carried out…
2Cases cited7 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- Mondou v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1912
- Stewart v. KahnSupreme Court of the United States · 1871
- Hoffman v. Charlestown Five Cents Savings BankMassachusetts Supreme Judicial Court · 1918
- Korn v. . LipmanNew York Court of Appeals · 1911
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3Cited by45 opinions
- In Re the Accounting of Del DragoNew York Court of Appeals · 1941
- Brammall v. LaroseSupreme Court of Vermont · 1933
- Bowles v. Barde Steel Co.Oregon Supreme Court · 1945
- Regan v. Kroger Grocery & Baking Co.Illinois Supreme Court · 1944
- Air Conditioning Training Corp. v. PirroteAppellate Division of the Supreme Court of the State of New York · 1946
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