People ex rel. Midler v. Judge of the Superior Court

Mandamus is sought to compel the court •below to set aside the service of process as insufficient.

The returns taken together show that service was made on the original defendant, whose executors make this application, when he was in his last illness, and a short time before his death, and that it was made under "directions of the plaintiff’s attorneys to serve it by laying a copy on his body while confined to his bed. The declaration was not shown or explained to the party, nor was the copy left on his bed put in his possession or brought to his comprehension; and the only inference to be…