Equitable Trust Co. v. Salberg
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a “ judgment and order ” of the Municipal Court of the city of New York, borough of Manhattan, fifth district, setting aside the service of the summons upon the defendant.
1Opinion of the Court
Lehman" J.
The plaintiff attempted to begin an action in the Municipal Court by obtaining1 a summons against this defendant. The summons was not personally served upon the defendant, but the person to whom it was delivered for service presented to the clerk of the court an affidavit stating “ that after due and diligent search by me made I have. been unable to find the within named defendant so as to serve him with the within summons.” A very large number of alias summonses were subsequently obtained upon similar affidavits, until finally the defendant was served with the summons and…
2Cases cited2 opinions
- Roberts & Lewis Co. v. DaleAppellate Terms of the Supreme Court of New York · 1911
- Berkman v. WeisingerAppellate Terms of the Supreme Court of New York · 1906