Collins v. Campfield
New York Supreme Court
Motion to set aside service of summons and complaint. On the 21st of April, 1854, the plaintiffs presented to the county judge of Schenectady an affidavit of a deputy sheriff, stating that the residence of .the defendant, George Campfield, was in the village of Scptia, in the; county of Schenectady, and that he had made diligent efforts to serve the summons and complaint in this action up.on him, and that he could .not be found so that such service could be .made personally;…
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Motion to set aside service of summons and complaint. On the 21st of April, 1854, the plaintiffs presented to the county judge of Schenectady an affidavit of a deputy sheriff, stating that the residence of .the defendant, George Campfield, was in the village of Scptia, in the; county of Schenectady, and that he had made diligent efforts to serve the summons and complaint in this action up.on him, and that he could .not be found so that such service could be .made personally; that, on going to his residence to make such service, he was informed by the wife of the defendant that he-was then in…
1Opinion of the Court
Harris, Justice.
The act of 1853 (Sess. Laws, 1853, p. 974) *521was intended to authorize the mode of service which has been adopted in this case, when the party to be served could not be found, or being found, should avoid or evade personal service. Neither is shown to be true in this case. It is not pretended that the defendant, Campfield, had avoided or evaded personal service of process, nor was it shown that he could not be found. The ground upon which the application for the order was founded was, that, though a resident, the defendant was absent, so that he could not be personally served…
2Cases cited1 opinion
- Frost & Dickinson v. BrisbinNew York Supreme Court · 1837
3Cited by2 opinions
- Ottman v. DalyCity of New York Municipal Court · 1889
- Foot v. HarrisNew York Supreme Court · 1856