Bogart v. Swezey
New York Supreme Court
Appeal from an order, made at a Special Term upon the motion of subsequent lienors, vacating an attachment granted herein on the ground of a failure to personally serve or publish the summons as to one of the defendants as required by section 638 of the Code of Oivil Procedure.
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Appeal from an order, made at a Special Term upon the motion of subsequent lienors, vacating an attachment granted herein on the ground of a failure to personally serve or publish the summons as to one of the defendants as required by section 638 of the Code of Oivil Procedure. The plaintiffs produced proof of the substituted service of the summons made in due time, pursuant to an order for such service duly granted under section 435 of the Code of Civil Procedure, and contended that such service was equivalent to the publication of. the summons and fully satisfied the requirements of section…
1Opinion of the Court
By the Court :
By section 638 of the Code it is provided that a warrant of attachment may be granted by a judge of the court or by any county judge to accompany the summons, or at any time after the *464commencement of the action and before final judgment. The section then declares that personal service of the summons must be made upon the defendant against whom the warrant is granted, within thirty days after the granting thereof, or else before the expiration of the same time, service of the summons by publication must be commenced, or service thereof must be made without the State, pursuant to…
2Cases cited1 opinion
- Pelly v. NaylorNew York Supreme Court · 1891