Hessel v. Hessel

This is a motion pursuant to section 237-a of the Civil Practice Act to set aside the service of process in this matrimonial action because the summons and complaint were served on Sunday.

*862The defendant appears specially and alleges that he was served with the summons and complaint in Augusta, Georgia, on Sunday, January 13, 1957. He does not deny that the service, made pursuant to section 235 of the Civil Practice Act, would have given this court proper jurisdiction if it had not been made on that day of the week. The plaintiff, on the other hand, admits the date of service but submits an…