Perweiler v. Perweiler
New York Supreme Court
Action by Nicholas Perweiler against Josephine Perweiler. Plaintiff applies for an order of publication of summons. Application denied.
1Opinion of the CourtCropsey, J.
This is an application for an order of publication of the summons in an action for divorce. The order is sought on the ground that the defendant is a nonresident of the state and cannot be served within it.
The affidavit of Charlotta Pressnall is not sufficient. It does not state when she visited the defendant, or sufficient facts to show that the defendant cannot be served within this state. The only other affidavit submitted is that of the plaintiff. An order of publication of the summons in an action for divorce cannot be made merely upon the affidavit of the plaintiff. This seems to be…
2Cases cited7 opinions
- Taylor v. TaylorAppellate Division of the Supreme Court of the State of New York · 1908
- Dickinson v. DickinsonNew York Supreme Court · 1892
- Kirby v. KirbyNew York Court of Chancery · 1828
- Valentine v. ValentineAppellate Division of the Supreme Court of the State of New York · 1903
- Colwell v. ColwellAppellate Division of the Supreme Court of the State of New York · 1897
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