Korn v. . Lipman
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 23,1910, which affirmed an order of Special Term denying a motion by defendants for judgment upon the pleadings.. The plaintiffs entered into a written contract with the defendants by which the defendants agreed to convey to them certain real property in the city of New York.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 23,1910, which affirmed an order of Special Term denying a motion by defendants for judgment upon the pleadings.. The plaintiffs entered into a written contract with the defendants by which the defendants agreed to convey to them certain real property in the city of New York. On the day therein named for closing the title the plaintiffs were ready to fulfill the contract on their part, but refused to accept the title proffered by the defendants on the ground…
1Opinion of the CourtChase, J.
The due process of law to which a person is entitled by constitutional provision before being deprived of property requires that notice shall be given to such person by lawful service of process before any judgment shall be taken against him.
The general rule in regard to the service of process established by centuries of precedent is that process must be served personally within the jurisdiction of the court upon the person to be affected thereby. Substituted service when provided by statute is in derogation of such general rule, and, consequently, the directions thereof must be strictly…
2Cited by23 opinions
- Erickson v. . MacYNew York Court of Appeals · 1921
- Furey v. MilgromAppellate Division of the Supreme Court of the State of New York · 1974
- Robinson v. Five One Five Associates Corp.City of New York Municipal Court · 1943
- Fair v. KennyNew York Supreme Court · 1918
- Locke v. GilbertSupreme Court of Oklahoma · 1928
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