Sheafer v. Vermont Hygeia Ice Co.

The question arises here as to whether service is complete against a defendant served without the state, without an order permitting such service under section 235 of the Civil Practice Act. If service be made without the state in lieu of publication of a summons under section 233, service is complete ten days after proof thereof is filed. See Rules of Civil Practice, rule 51. There is no provision, either in the Civil Practice Act or the Rules of Civil Practice, providing for the time when service may be deemed complete in the instance of service without the state where no order is required…