Dealers Lumber Corp. v. Stauffer

Defendants, appearing specially, ask that substituted service of the summons in this case be set aside for failure to comply with rules 20 and 49 of the Rules of Civil Practice. An order for substituted service was granted on the 12th day of January, 1926, and the order with the supporting papers was filed on the same day with the Erie county clerk. The summons, complaint, order and affidavits were affixed to the defendants’ door and copies mailed at Kenmore on January twelfth. The affidavit of service, however, was not made until July 6, 1926, and was not filed until November 9, 1926.

The…