Legal Opinion

Flanagan v. Flanagan

New York Supreme Court

Decided January 23, 1888Published

Appeal from an order denying a motion for a stay of proceedings in this action until another action in favor of the defendant and against the plaintiff shall be tried and determined.

1Opinion of the CourtDaniels, J.

The defendant commenced an action on or about the 10th of May, 1887, against the plaintiff, for an absolute divorce. Ineffectual efforts had previously been made to serve the summons in the action upon her, and upon affidavits indicating that she concealed herself to avoid its service, an order was made on the 9th of May, 1887, for its substituted service. And it was served in the manner directed by the order on the 10th of May, but the affidavit proving the service was not on that day filed in the clerk’s office, as it was required to be by section 437 of the Code of Civil Procedure, to make…

2Cases cited1 opinion

  1. Kittle v. KittleNew York Court of Common Pleas · 1878

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