Van Rensselaer v. Chadwick
New York Supreme Court
Present, Justices Parker, Harris and Wright. This was an appeal from an order made at special term by Justice Wright, denying a motion to set aside the service of the summons and subsequent proceedings.
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Present, Justices Parker, Harris and Wright. This was an appeal from an order made at special term by Justice Wright, denying a motion to set aside the service of the summons and subsequent proceedings. On the 10th June 1852, judgment was perfected in this action on the affidavit of Ezra Yager, stating that on the 9th April 1852, he served the summons on the defendant by delivering a copy to him personally, and leaving the same with him at the town of Rensselaerville in the county of Albany, and that he knew the person so served to be the person mentioned and described in said summons as the…
1Opinion of the Court
By the Court, Parker, Presiding J.
The evidence before the court shows very satisfactorily that the summons was never served upon the defendant. Yager, who made the affidavit of service, was not a deputy of the sheriff, but a person employed *299to serve process in behalf of the plaintiff. The affidavit of service must either be a fiction fraudulently got up by the affiant, for the purpose of deceiving the plaintiff" and wronging the defendant, or there has been some mistake on the part of the person making the affidavit. It is possible the summons was served upon some other person of the same…
2Cases cited1 opinion
- Putnam v. ManNew York Supreme Court · 1829
3Cited by9 opinions
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- Boynton v. Keeseville Electric Light & Power Co., New York County Courts1893
- Stout v. Sioux City & Pacific R. R.United States Circuit Court · 1881
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