Livingston v. Rendall

This is a motion by an administratrix to set aside a judgment against her intestate, a sole defendant, on the ground that it was recovered after his death. The summons, without the complaint, was served September 5, 1866, by the plaintiff’s attorney. The. proof of such service was made January 29, 1870. And on the same' day a judgment roll was filed, consisting, of the summons and proof of service, of a complaint verified on the same day, by the plaintiff’s attorney, of an affidavit made the same day, by the plaintiff’s attorney, that no answer or demurrer had been served, and of the usual…