Richardson v. Bates
New York Supreme Court
Appeal from an order of the city court of Brooklyn denying a motion to set aside the judgment entered in this action.
1Opinion of the Court
By the court,
Scrugham, Justice.
An order was made
in this action for the service of the summons by publication, prescribing six weeks as the time for such publication; and at the expiration of fifty-eight days from the first publication, judgment was entered against the defendant upon affidavits showing that the summons had been *517published once in each week for six successive weeks, and that twenty days had expired since the last publication.
The right to proceed against a defendant by publication of summons, is derived from the statute alone, and its provisions must be strictly followed. Section…
2Cited by6 opinions
- Market National Bank v. Pacific National BankNew York Court of Appeals · 1882
- Finlayson v. PetersonNorth Dakota Supreme Court · 1896
- Waters v. WatersThe Superior Court of New York City · 1894
- In re the Probate of the Last Will & Testament of WrightAppellate Division of the Supreme Court of the State of New York · 1918
- Steinle v. BellNew York Court of Common Pleas · 1872
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