Foot v. Harris

Judgment in this cause was docketed on the first day of January, 1856, against the defendant for $4,607 90. The defendant now moves to set it aside for irregularity upon two grounds.

First. The defendant being a resident of the city and county of New York, could not be proceeded against under the act of 1853, (Laws of 1853, 974), and that therefore the order of December 6, 1855, permitting a substituted service under that act, was void.

Second. Conceding said order to be valid and authorized by the act, it did not comply with its provisions, and the service was not made in conformity with them.

I…