Banfield Co. v. Hollenbeck
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Willis Hollenbeck, from an order of the Supreme Court, made at the Chemung Special Term and entered in the office of the clerk of the county of Chemung on the 14th day of May, 1918, denying his motion to vacate and set aside an order directing the service of the summons herein by publication.
1Opinion of the Court
Lyon, J.:
The defendant was a non-resident. The order for the service of the summons provided for the service thereof by publication in two newspapers, “or at the option of the plaintiff by service of the summons and of the complaint and of this order, without the State of New York, upon said defendant personally.” Service was in fact made of the summons and also of the complaint personally without the State of New York. The defendant now seeks to have the service set aside because of the requirement of service without the State. We think the clause was unnecessary and mere surplusage.
In the…
2Cases cited4 opinions
- Matter of FieldNew York Court of Appeals · 1892
- Sabin v. KendrickAppellate Division of the Supreme Court of the State of New York · 1896
- Godfree v. GodfreeAppellate Division of the Supreme Court of the State of New York · 1915
- Marrone v. TesoriereNew York Supreme Court · 1915
3Cited by1 opinion
- Board of Education v. RobinsonNew York Supreme Court · 1922