Gender v. Rayburn

Plaintiff appeals from an order vacating service of the summons and complaint upon defendant, a resident of Tennessee, through the motor vehicle commissioner of this state, under chapter 69 of the laws of 1930, as amended by chapter 69 of tlie laws of 1933. The complaint stated that plaintiff was a resident of Newark, whereas it appears without contradiction that he was then, and for some years had been, a resident of New York.

A demand for particulars was served on January 7th, 1936, and on the following day, and before answer, defendant entered a special appearance for the purpose of making…