Hurd v. Davis
New York Supreme Court
Motion to set aside judgment, &c., for irregularity. The suit was commenced by the service of a summons. On the 18th of March, 1856, the defendant served on the plaintiff’s attorney a notice of appearance, and a demand that a copy of the complaint be served on him " at the White Lake post-office, in the county of Sullivan.” A copy of the complaint was served on the defendant personally at White Lake the next day.
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Motion to set aside judgment, &c., for irregularity. The suit was commenced by the service of a summons. On the 18th of March, 1856, the defendant served on the plaintiff’s attorney a notice of appearance, and a demand that a copy of the complaint be served on him " at the White Lake post-office, in the county of Sullivan.” A copy of the complaint was served on the defendant personally at White Lake the next day. On the 9th of April, the plaintiff’s attorney entered judgment for want of an answer. On the 8th day of April, which was the last’ day for serving an answer, the defendant mailed a…
1Opinion of the Court
Harris, Justice.
The defendant supposes that his answer was regularly served on the 8th of April, by mailing it in New-York, that being his place of business. In this he is mistaken. The 410th section of the Code authorizes service of papers to be made by mail, -when the party making the service resides in a different place from the party upon wffiom the service is to he made, and there is a regular communication by mail between the two places. The fair import of this provision is, that, in the case mentioned, the party making the service may mail the papers to be served at his own place of…
2Cited by1 opinion
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