Hudson v. Henry
New York Supreme Court
Henry moved for judgment of nonsuit against the plaintiff for not proceeding to trial. Notice of the motion had been sent to thé adverse attorney, by the mail; this was relied on as good service.
1Per curiam
The service is insufficient.(b),[1] A letter may miscarry, or the attorney may be absent when the mail arrives, or not immediately inquire for letters, though an affidavit of a plea sent by the mail might save a fault.(c) Let the defendant take nothing by his motion.(d)
Motion refused.
For the modes of service, see Caines’ Prac. 21, 45. In addition to which, it has been ruled, that service on the- attorney, or his clerk, while in the office, though out of office hours, is good. Cooper v. Carr, 8 Johns. Rep. 360. So on an agent in Utica. Chapman v. Raymond, ibid. 360. But observe, on error from…
2Cited by2 opinions
- Clark v. M'FarlandNew York Supreme Court · 1834
- Ryan v. HornblassNew York Supreme Court · 1934