Sabin v. Kendrick
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William A. Kendrick, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 31st day .of December, 1895, denying his motion to vacate an order of publication and'set aside the service of the summons in' the'action. The order of publication provided as follows : ...
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Appeal by the defendant, William A. Kendrick, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 31st day .of December, 1895, denying his motion to vacate an order of publication and'set aside the service of the summons in' the'action. The order of publication provided as follows : ... “ Upon the summons annexed and duly verified complaint herein showing a sufficient cause of action against the defendants, and upon the annexed affidavit of Julius M. Ferguson, verified October —, 1895, by which it…
1Opinion of the Court
Willard Bartlett, J.:
The learned counsel for the appellant concedes that an order of publication need not contain both the requirement, that the summons shall be published and the provision that service may be made without the State, at the option of the plaintiff. (Matter of Field, 131 N. Y. 184.) He insists, however, that when the plaintiff makes no election between the two modes of service, but inserts both provisions in the order, the omission to specify a place to which copies of the summons, complaint and order shall be directed, addressed to the defendant, is a jurisdictional defect…
2Cases cited1 opinion
- Matter of FieldNew York Court of Appeals · 1892
3Cited by6 opinions
- Brown v. FletcherCourt of Appeals for the Second Circuit · 1916
- Godfree v. GodfreeAppellate Division of the Supreme Court of the State of New York · 1915
- Marrone v. TesoriereNew York Supreme Court · 1915
- Banfield Co. v. HollenbeckAppellate Division of the Supreme Court of the State of New York · 1918
- Brown v. FletcherDistrict Court, S.D. New York · 1912
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