Legal Opinion
Jackson ex dem. Norton v. Gardner
New York Supreme Court
Decided August 15, 1804PublishedCited by 1 opinion
Van Veohten moved, on the common affidavit, for judgment as in case of nonsuit for not proceeding to trial, but the affidavit of service stated only that it was made by leaving copies on the table of the attorney’s office, about one o’clock in the afternoon*
1Per curiam
The affidavit is defective ; it does not set forth that there was no one in the office. The notice might have been slipped down without any intimation, and have remained there unobserved. To make such a service good, it ought to have been stated there was not any one in the office. The defendant can take nothing by his motion.
Motion denied.
2Cited by1 opinion
- Warner v. TeachenorIdaho Supreme Court · 1884