Nichols v. Emmett

This is a motion to vacate and set aside an order authorizing substituted service of summons and the service made thereunder, on the grounds, specified in the notice of motion, that it does not appear from the moving papers that the defendant was within the State when the order was granted or that she had avoided service so that personal service could not be made, or that proper and diligent effort had been Inade to serve her personally. Substituted service, as it is called, is authorized, and the proof to obtain an order therefor is prescribed by section 435 of the Code of Civil Procedure.…