Winter v. Winter
New York Court of Appeals
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
- Matter of the Estate Op Bernard NewManCalifornia Supreme Court · 1888
- Parker v. LindenNew York Supreme Court · 1891
3Cited by9 opinions
- Fell v. McCreadyAppellate Division of the Supreme Court of the State of New York · 1932
- Lambert v. LambertNew York Court of Appeals · 1936
- Molyneaux v. SevillaNew York Supreme Court · 1959
- Chittenden v. ChittendenNew York Supreme Court · 1965
- Caton v. CatonNew York Supreme Court · 1972
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