McCully v. Heller
New York Supreme Court
The action was brought to foreclose a mortgage. Mary Gf. Pennie and Alfred 1ST. Pennie each owned one undivided sixth part of the premises subject to the mortgage. Mary Gf. Pennie was an infant of the age of sixteen years and Alfred N. Pennie an infant of the age of fourteen years. Both resided in Pennsylvania. On October 5, 1883, an order was made for service of the summons and complaint on said defendants by publication.
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The action was brought to foreclose a mortgage. Mary Gf. Pennie and Alfred 1ST. Pennie each owned one undivided sixth part of the premises subject to the mortgage. Mary Gf. Pennie was an infant of the age of sixteen years and Alfred N. Pennie an infant of the age of fourteen years. Both resided in Pennsylvania. On October 5, 1883, an order was made for service of the summons and complaint on said defendants by publication. The order recited that, it was made on a copy of the verified complaint. The accompanying affidavit stated that the verified complaint was on file. The summons and…
1Opinion of the CourtCullen, J.
I think there was a valid service of the summons on the infant defendants, and therefore it is unnecessary to pass upon the effect of their appearance by guardian. The Code in 1819 was amended so that instead of requiring that the plaintiff “ must present to the judge a verified complaint,” it now provides that the order of publication “ must be founded upon a verified complaint.” To give any effect to this amendment it must be that the actual presentation of the particular verified complaint is unnecessary. In this case there was a verified complaint on file in the county clerk’s office. The…
2Cited by7 opinions
- Lane v. InnesSupreme Court of Minnesota · 1890
- Drake v. ComptrollerAppellate Division of the Supreme Court of the State of New York · 1951
- Haney v. HaneySupreme Court of Minnesota · 1925
- Gay v. UlrichsAppellate Division of the Supreme Court of the State of New York · 1910
- Hollender v. WallaceAppellate Division of the Supreme Court of the State of New York · 1915
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