Vernam v. Holbrook
New York Supreme Court
This was a motion to set aside an order for service of a summons by publication, made under § 135 of the Code, on the ground that it had been allowed on insufficient affidavits. The facts and the objections, made, appear sufficiently in the opinion of the court,
1Opinion of the Court
Parker, Justice.
Two affidavits were annexed to and filed with the order for publication. It would naturally be supposed that the order, was made on those affidavits, though the order does not refer to them. These affidavits are insufficient, inasmuch as they do not show that the plaintiff’s cause of action arose on contract, and it is at least doubtful Avhether they show sufficiently that the defendant has property in this state. But the plaintiff’s attorney now produces another affidavit, which purports to have been sworn to on 4th June last, two days before the order was made and filed, and…
2Cited by2 opinions
- Baldwin v. McArthurNew York Supreme Court · 1854
- Titus v. RelyeaNew York Supreme Court · 1859