Donovan v. Flynn

The plaintiffs have been deprived of their property without actually having a day in court. It is claimed by respondents that they had all the notice the law required at the time the proceeding was commenced in the Surrogate’s Court.

It is likely that prior to September 1, 1880, such a proceeding was deemed commenced by the filing of a petition and the issuance of process; and that actual service was not necessary if the time of the commencement of the proceeding was in question. Such seems to have been the common-law rule in this State relative to the commencement of actions either at law or…