Olson v. McConihe
New York Supreme Court
Motion by defendant to set aside the service of the summons and complaint on the ground that the process server resorted to trickery and device in order to serve same.
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Motion by defendant to set aside the service of the summons and complaint on the ground that the process server resorted to trickery and device in order to serve same. The affidavits used on the motion show that on the evening of March 11, 1907, a female process server called at the servants’ entrance of defendant’s residence on East Fifty-first street, borough of Manhattan, rang the bell and the defendant’s cook on opening the door was told by this process server that she would like to see “ Kate,” meaning one of the upstairs maids; the cook invited this stranger into the house and asked her…
1Opinion of the CourtMacLean, J.
It is. uncontradicted that the person who deposes to the service of the summons herein was admitted at the servants’ entrance to the house where defendant resided and asked to see one “ Kate,” presumably and apparently not this defendant. Such admission, under the circumstances, might not be said to carry the freedom of the house or to warrant forcible access to the dining-room upstairs for the purpose of service of process. Entry there and in the manner described was wrongful and the service improper. Mason v. Libbey, 1 Abb. N. C. 354. Application to set service aside granted, with ten…
2Cases cited1 opinion
- Mason v. LibbeyNew York Supreme Court · 1876
3Cited by4 opinions
- Gumperz v. HofmannAppellate Division of the Supreme Court of the State of New York · 1935
- Bell v. LawrenceCity of New York Municipal Court · 1913
- Hohmann & Barnard, Inc. v. Combined Welder & Machine Corp.New York Supreme Court · 1959
- Snow v. WestUtah Supreme Court · 1910