Cantor v. Killen

Edgar M. Doughty,

Official Referee. This is an application for judgment on an inquest. The proof as to the cause of action is not questioned, but the sufficiency of the alleged service of process is discredited by the court.

An order for substituted service of the summons was granted herein and the plaintiff submits that order, together with its supporting affidavits and affidavit of compliance with the order, in an attempt to prove proper service of the summons. The affidavit of compliance with the order is defective, but its defect can be cured if the requirements of the order were actually…