Long Island Machinery & Equipment Co. v. Jacobs

The only service attempted was by delivery to defendants personally in the State of Missouri. This is attempted to be sustained, first, on the theory that section 21 of the Municipal Court Code authorizes such procedure and, second, for the reason that the Supreme Court practice is applicable, in accordance with section 15 of the Municipal Court Code. Neither theory seems tenable. Section 21 provides that service of a summons may be made on defendant within the city of New York in like manner as though the summons issued out of the Supreme Court; and further that service by publication may…