Kendall v. Washburn
New York Supreme Court
• Motion to set aside a judgment and subsequent proceedings. The facts are sufficiently stated in the opinion.
1Opinion of the Court
T. R. Strong, Justice.
It is indispensable to the validity of a judgment in an action, that the court by which it is rendered should have jurisdiction of the person of the defendant, as well as of the subject matter of the action. Jurisdiction of the person can be acquired only by the service of the summons for the commencement of the action in the mode provided by law, or the appearance of the defendant in the action.
The Code provides that the service of a summons shall be personal, except where the defendant cannot be found within the state, in which case the service may be made by…
2Cases cited1 opinion
- In re GriswoldNew York Supreme Court · 1851
3Cited by8 opinions
- Great West Min. Co. v. Woodmas of Alston Min. Co.Supreme Court of Colorado · 1888
- Palmer v. McMasterMontana Supreme Court · 1888
- Fink v. WallachNew York Supreme Court · 1905
- Dalton v. MillsAppellate Terms of the Supreme Court of New York · 1904
- Gray v. Journal of Finance Publishing Co.New York Court of Common Pleas · 1893
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