Lisi v. Lang

The plaintiff obtained an order directing substituted service of the summons and complaint. There were recitals in the order that defendant was a resident of this State and that personal service could not be made within the State because defendant was evading personal service. The defendant moved to vacate the order and the service made pursuant thereto on the ground that the defendant was not a resident of this State.

*772The matter was referred to an Official Referee who found that defendant had established residence in this State in 1953 and since that time had been temporarily absent in…