Waffle v. Goble
New York Supreme Court
APPEAL by the defendant from' an order denying a motion to set aside an attachment and order for publication. The defendant was a non-resident of this state, and a resident of Michigan. The summons, and a warrant of attachment against the property of the defendant, were placed in the hands of the sheriff of Monroe county, on the 8th of October, 1866, and on the same day the sheriff, by virtue of such warrant, seized the defendant’s property.
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APPEAL by the defendant from' an order denying a motion to set aside an attachment and order for publication. The defendant was a non-resident of this state, and a resident of Michigan. The summons, and a warrant of attachment against the property of the defendant, were placed in the hands of the sheriff of Monroe county, on the 8th of October, 1866, and on the same day the sheriff, by virtue of such warrant, seized the defendant’s property. On the 2d of January, 1867, the sheriff indorsed upon the summons that after due and diligent inquiry by him made, he could not find the defendant within…
1Opinion of the Court
By the Court, Johnson, J.
It is claimed by the appellant’s counsel, that the judge who granted the order of publication had no right to receive or take into consideration the sheriff’s certificate that he could not find the defendant in his county, to make service of the summons upon him. It is also claimed that proof by affidavit, that the defendant to be served “ cannot after due diligence.be found within the state,” must be made by the officer, or other person who has possession of the summons, for the purpose of making service. And that the affidavit of the plaintiff' who could not serve…
2Cases cited2 opinions
- Kerr v. . MountNew York Court of Appeals · 1863
- Van Wyck v. HardyNew York Supreme Court · 1860
3Cited by19 opinions
- White v. JohnsonOregon Supreme Court · 1895
- Blossom v. . EstesNew York Court of Appeals · 1881
- Doheny v. WordenAppellate Division of the Supreme Court of the State of New York · 1902
- Kieley v. Central Complete Combustion Manufacturing Co.New York Court of Appeals · 1895
- Ross v. IngersollAppellate Division of the Supreme Court of the State of New York · 1900
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