Warren v. Tiffany
New York Supreme Court
Motion to set aside order for service of summons by publication, and all subsequent proceedings. The action was on a promissory note. The plaintiff proceeded by publication of summons, and entered judgment, which the defendant now moved to set aside for irregularity. The facts relative to the proceedings are stated in the opinion.
1Opinion of the Court
Welles, J
The action was commenced by publication of the summons, in pursuance of an order of the county judge of ■Ontario county, bearing date May 24tb, 1858. The affidavits upon which the order was made, show that the defendant was at the time a resident of this State, and do not show that such residence was neither known to the party applying for the order, nor could with reasonable diligence be ascertained by him ; but on the contrary, they do show expressly that the defendant’s residence was in the town of Bristol, in the county of Ontario. It appeared by the affidavit of the sheriff,…
2Cited by2 opinions
- McKinney v. . CollinsNew York Court of Appeals · 1882
- Oliver & O'Bryan v. SuttonCourt of Appeals of Kentucky · 1897