Schenkman v. Schenkman

A novel question has been presented upon this traverse. It is whether, after delivery of a process, failure to leave it following defendant’s plain deception of the process server amounts to a failure to comply with rule 53 of the Buies of Civil Practice. This rule requires that the process server must make an affidavit that ‘ ‘ he left with the defendant a copy of the summons ”, etc.

Upon the evidence the court finds it to he a fact that the process server first exhibited and then delivered the summons and complaint in the within matrimonial action to the defendant; that he thereafter…