Waber v. Schaffhauser

Finletter, P. J.,

Judgment was entered for want of an appearance in a libel suit. A motion to vacate the judgment and set aside the service of the writ is made on two grounds; the one, because service of the writ was defective, the other, because plaintiff’s statement on its face shows no cause of action.

The sheriff’s return was in the following terms: “Served Adele Schaffhauser ... by handing a true and attested copy of the within writ to Vera Moap, an adult member of the family of said defendant who stated that her relationship to said defendant is that of maid, on February 14,1938, at 1:45…