Mackay v. Laidlaw & Pond
New York Supreme Court
Application by plaintiff for judgment against non-resident defendants, after service of summons, &c., by publication.
1Opinion of the Court
Mitchell, Justice.
The only case in which the Code expressly authorizes a defendant to demand a copy of the complaint, and gives him twenty days thereafter to answer it, is where there has been personal service of the summons, but no copy of the complaint has been served with it. (Code, 129,130.) In other cases the defendant might, on application to a judge, obtain time to answer, and, if to the court, also an order to have a copy of the complaint delivered to him. In this case both defendants were proceeded against as non-residents, and on the twentieth day after the time for publication had…
2Cited by2 opinions
- Van Zandt v. Van ZandtNew York Supreme Court · 1889
- Downer v. MellenNew York Supreme Court · 1867