Van Rensselaer v. Dunbar
New York Supreme Court
—This was a motion for publication of the summons, as in case of an absent or concealed defendant, in an action for rent. It appeared by the affidavits of the sheriff of Albany, (in which county defendant resided,) and his deputy, that they had not, with the utmost diligence, been able to serve the summons. That they went to the defendant’s residence, but his wife fastened the door, and refused admittance.
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—This was a motion for publication of the summons, as in case of an absent or concealed defendant, in an action for rent. It appeared by the affidavits of the sheriff of Albany, (in which county defendant resided,) and his deputy, that they had not, with the utmost diligence, been able to serve the summons. That they went to the defendant’s residence, but his wife fastened the door, and refused admittance. Before they arrived at the house, notice was given of their approach by blowing of horns. After they left the defendant’s house the blowing of horns continued, and soon the defendant…
1Opinion of the Court
Hand, Justice.
By the 135th section of the code, “ where the person on whom the service is to be made, cannot, after due diligence, be found in the state,” &c., an order for publication can be made in the cases specified in the subdivisions of that section. The 2d subdivision allows this order, “ when the defendant, being a resident of this state, has departed therefrom, with intent to defraud his creditors, or avoid the service of a summons, or keeps himself concealed therein with the like intent, and the action arises out of contract, or the nonfeasance or misfeasance complained of, is a…
2Cited by2 opinions
- Slocum v. McLarenSupreme Court of Minnesota · 1909
- Carter v. YoungsThe Superior Court of New York City · 1877