De Graff v. De Graff
New York Supreme Court
Action by Aline S. De Graff, an infant, by guardian, etc., against Chester De Graff. Defendant moves to set the service by publication and the order therefor. Denied.
1Opinion of the CourtFoote, J.
[1] Defendant, who is a nonresident and was served by publication, appears specially upon this motion and asks that the service upon him by publication and the order for such service be set aside, on the ground that the judge who granted the order was without *673jurisdiction to make it—this, for the reason that the Code requires such an order to be based on the verified complaint and affidavits. The complaint was verified before plaintiff’s attorney of record as commissioner of deeds, as was also one of the essential affidavits. No other defect is suggested. The question, therefore, is: Was this…
2Cases cited5 opinions
- Armstrong v. CombsAppellate Division of the Supreme Court of the State of New York · 1897
- Baumeister v. DemuthAppellate Division of the Supreme Court of the State of New York · 1903
- People ex rel. Erie Railroad v. Board of Railroad CommissionersAppellate Division of the Supreme Court of the State of New York · 1905
- People ex rel. Erie Railroad v. Board of Railroad CommissionersAppellate Division of the Supreme Court of the State of New York · 1905
- Vreeland v. Pennsylvania Tanning Co.Appellate Division of the Supreme Court of the State of New York · 1909
3Cited by2 opinions
- Citizens Trust Co. v. R. Prescott & Son, Inc.Appellate Division of the Supreme Court of the State of New York · 1927
- Heidelberger v. HeidelbergerAppellate Division of the Supreme Court of the State of New York · 1921