Legal Opinion

Winter v. Winter

New York Court of Appeals

Decided March 24, 1931PublishedCited by 9 opinions

1Opinion of the CourtKellogg, J.

A civil action is commenced by the service of a summons. (Civ. Prac. Act, § 218.) In an action to annul a marriage the defendant may be served by publication. (Id. § 232.) Such service is made when the summons has been published in two newspapers for six successive weeks, and the summons and complaint, together with a notice, have been mailed to the defendant. (Rules Civ. Prac. rule 50.) It is complete on the forty-second day after the day of first publication. (Rule 51.) “ In all cases when publication of the summons is ordered, service of the copy of the summons and complaint and of any…

2Cases cited2 opinions

  1. Matter of the Estate Op Bernard NewManCalifornia Supreme Court · 1888
  2. Parker v. LindenNew York Supreme Court · 1891

3Cited by9 opinions

  1. Fell v. McCreadyAppellate Division of the Supreme Court of the State of New York · 1932
  2. Lambert v. LambertNew York Court of Appeals · 1936
  3. Molyneaux v. SevillaNew York Supreme Court · 1959
  4. Chittenden v. ChittendenNew York Supreme Court · 1965
  5. Caton v. CatonNew York Supreme Court · 1972

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