Correll v. Granget
The Superior Court of the City of New York and Buffalo
Action by Caroline Correll against Adele Granget. Defendant moves to set aside the service of summons and complaint as irregular.
1Opinion of the CourtGildersleeve, J.
It seems to me that the preponderance of .evidence shows that the service of the summons and complaint was irregular. Defendant presents the affidavit of a disinterested eyewitness, in addition to her own, stating that a stranger came into the room in which defendant happened to be at the time, and, without asking for defendant by name, nor stating the nature of the papers, deposited them in a chair, and directly afterwards departed, without offering to deliver them into defendant’s hands. This was not a good service. The papers should have been handed to defendant, and, if she refused to…
2Cases cited1 opinion
- Davison v. BakerNew York Supreme Court · 1862
3Cited by3 opinions
- Roth v. W. T. Cowan, Inc.District Court, E.D. New York · 1951
- Hickey v. MerritCourt of Appeals of Georgia · 1973
- Hickey v. MerritCourt of Appeals of Georgia · 1973