Legal Opinion

Hollender v. Wallace

Appellate Division of the Supreme Court of the State of New York

Decided April 9, 1915PublishedCited by 3 opinions

Appeal by the defendant, Frederick H. Wallace, as administrator, etc., from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 22d day of January, 1915, denying his motion to set aside an order of publication in this action and an alleged service of the summons and complaint pursuant thereto.

1Opinion of the Court

McLaughlin, J.:

Action to establish an alleged lost or destroyed will. The defendant is a resident of the State of Illinois. On July 21, 1914, the plaintiff obtained an order for the service of defendant by publication and he was personally served with a copy of the order and the summons and complaint on August 20, 1914, in the State of Illinois. The order was not published — plaintiff relying upon the aforesaid service to give the court jurisdiction of the defendant and the subject-matter of the action. After the service had been made in the manner indicated, the defendant, appearing…

2Cases cited4 opinions

  1. Mishkind-Feinberg Realty Co. v. . SidorskyNew York Court of Appeals · 1907
  2. McCully v. HellerNew York Supreme Court · 1884
  3. Close v. William M. Calder Co.Appellate Division of the Supreme Court of the State of New York · 1910
  4. Close v. . William M. Calder CompanyNew York Court of Appeals · 1911

3Cited by3 opinions

  1. Conklin v. Federal Trust Co.Appellate Division of the Supreme Court of the State of New York · 1917
  2. In re the Estate of NorwoodNew York Surrogate's Court · 1920
  3. Lambert v. LambertAppellate Division of the Supreme Court of the State of New York · 1935

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