Diefendorf v. House
New York Supreme Court
Hand, P. J. Cady, Allen, and James, Justices. There were two motions in this case, one by each party, to strike the cause from the calendar. The plaintiff moved on the ground that the suit had abated by the death of defendant, and also that there was no good service of notice of argument; the defendant, on- the ground that the plaintiff had not served a copy of the case, See., and he asked for judgment upon the verdict.
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Hand, P. J. Cady, Allen, and James, Justices. There were two motions in this case, one by each party, to strike the cause from the calendar. The plaintiff moved on the ground that the suit had abated by the death of defendant, and also that there was no good service of notice of argument; the defendant, on- the ground that the plaintiff had not served a copy of the case, See., and he asked for judgment upon the verdict. The suit was an action of ejectment, commenced in 1845, and was tried in May, 1846, when the defendant had a verdict; and plaintiff made and served a case to set it aside. No…
1Opinion of the Court
By the Court—Hand, P. J.
If the attorney for the plaintiff had become a non-resident of the state, service of papers on him, in any manner, would be irregular; nor could his former partner ■act in his name. The statute prescribes the practice in such cases. (2 R. S. 297, § 67. Chautauque Co. Bank agt. Risley, 6 Hill, 375.) But it does not appear from the affidavits whether he became a non-resident. Probably he has not; and if so, service could only he made on him as the attorney of record, and not on his former partner after the copartnership had been dissolved, and known to be so by the…
2Cases cited1 opinion
- Seymour v. DeyoNew York Supreme Court · 1826
3Cited by6 opinions
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- Buscaglia v. Tribunal de Contribuciones de Puerto RicoSupreme Court of Puerto Rico · 1945
- Edwards v. Mercantile Trust Co.U.S. Circuit Court for the District of Southern New York · 1903
- Bryan v. PinneyArizona Supreme Court · 1889
- Buscaglia v. Tax Court of Puerto RicoSupreme Court of Puerto Rico · 1945
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