Midvale Paper Board Co. v. Cup Draft Paper Corp.

This is an application to vacate an order for substituted service of a summons upon a domestic corporation upon the ground that in the absence of proof that the plaintiff could not serve the Secretary of State personally the order was improper.

The order was obtained, under section 230 of the Civil Practice Act, upon the alleged ground that the plaintiff had been “ unable, with due diligence, to make personal service of the summons within the State.”

Section 230 makes provision for service upon a domestic corporation. This statute, antedating the Civil war, appears to have been last amended in…