Bell v. Lawrence
City of New York Municipal Court
Action by Elizabeth T. Bell against Julia Wath Lawrence • and another. On motion to set aside the service of the summons and complaint. Motion granted.
1Opinion of the CourtFinelite, J.
This is a motion made by. the defendant to set aside the service of the summons and complaint herein, on the ground that the process server resorted to trickery and device in order to serve same upon the defendant.. The affidavit of the defendant used on this motion shows that on the 28th day of February, 1913, deponent was in the bedroom of her residence at No. 142 West Eighty-Sixth street; that a young man appeared at the house, and stated that he bore an important letter from Dr. Henry B. Shaw, the codefendant in this action; that deponent expected to receive from Dr. Shaw the original…
2Cases cited3 opinions
- Mason v. LibbeyNew York Supreme Court · 1876
- Campbell v. SpencerNew York Supreme Court · 1845
- Olson v. McConiheNew York Supreme Court · 1907
3Cited by2 opinions
- Gumperz v. HofmannAppellate Division of the Supreme Court of the State of New York · 1935
- Hohmann & Barnard, Inc. v. Combined Welder & Machine Corp.New York Supreme Court · 1959