Steese v. Steese

The defendant being a non-resident, the plaintiff obtained a warrant of attachment and claims to have levied upon property of the defendant on or about April 14, 1931. Subsequently the summons was served personally without the State. This motion is to set aside such service.

Subdivision 6 of section 232 of the Civil Practice Act provides for an order of service by publication “ where it appears by affidavit that a warrant of attachment, granted in an action, has been levied upon property of the defendant within the state.” Section 235 of the Civil Practice Act provides in part that “ where it…