McAllister v. McAllister

Section 1171-a of the Civil Practice Act authorizes an order of sequestration where it appears that “ the defendant is not within the State, or cannot be found therein, or is concealing himself therein, so that process cannot be personally served upon him.” The defendant urges that this section is inapplicable here, despite the fact that the defendant is not within the State and is a resident of Florida, because he voluntarily filed a general appearance, which is the equivalent of personal service of the summons upon him under section 237 of the Civil Practice Act. The difficulty with this…