Evans v. Weinstein
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant,. Mayer J. Weinstein, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Mew York on the 7th day of Movember, 1907, upon the decision of the court rendered after a trial at the Mew York Special Term. ■ ■ •
1Dissent
Laughltn,. J. (dissenting):
• I am of opinion that the affidavit upon. which the order for service by publication was granted was insufficientto give the court-jurisdiction. Sufficient facts were not shown upon which to predicate a judgment that due diligence had been used and that the defendant could not be found within the- jurisdiction of the court. It did not appear that the summons had'been issued to the sheriff with directions to serve it and that it had been returned with a certificate that the defendant could not be, found, nor did it even appear that the directory had been consulted…
2Cases cited5 opinions
- Mowry v. . SanbornNew York Court of Appeals · 1877
- Kennedy v. . LambNew York Court of Appeals · 1905
- Empire City Savings Bank v. SilleckAppellate Division of the Supreme Court of the State of New York · 1904
- Everitt v. ParkNew York Supreme Court · 1895
- Empire City Savings Bank v. . SilleckNew York Court of Appeals · 1905