Purvis v. Purvis
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, James R. Purvis, from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the 8th day of February, 1915, denying his motion to vacate an order directing substituted service of a summons upon him in this action.
1Per curiam
The action is one for separation. Sections 435 and 436 of the Code of Civil Procedure, which provide for substituted service of a summons issued in any court of record, do not in terms designate any action to which their provisions are not applicable. But when those sections are read in connection with section 1774 it would seem that they are not intended to apply to matrimonial actions. It is provided in the latter section that a final judgment shall not be rendered in favor of the plaintiff in such actions upon the defendant’s default in appearing or pleading unless either the summons and a…
2Cited by4 opinions
- Deason v. DeasonNew York Supreme Court · 1973
- Weiss v. WeissAppellate Division of the Supreme Court of the State of New York · 1929
- Root v. RootNew York Supreme Court · 1964
- Frengo v. FrengoNew York Supreme Court · 1930