Heller v. Heller
New York Supreme Court
Action against wife for a divorce for adultery. The petition of the defendant’s father and brother, duly verified, stated that the defendant resided with her brother, apart from her husband, and had done so for many years, and the summons and complaint were served on him.
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Action against wife for a divorce for adultery. The petition of the defendant’s father and brother, duly verified, stated that the defendant resided with her brother, apart from her husband, and had done so for many years, and the summons and complaint were served on him. That she had no committee, and her father and brother were her only male relatives in the state, and that she was insane and totally incapable of putting in an answer or conducting the defence, or transacting any business whatever.
1Opinion of the Court
Hand, Justice.
the summons was served on the brother of the defendant only, the service is not sufficient, and I think the court should not act upon such service, unless the irregularity is in some way waived. If she be insane, the service must be personal; and if there be a committee, also on the committee {Code, *195§ 134). The section (409) relative to service at the residence, does not apply to the service of a summons.
Before the Code, the committee of a lunatic defendant, not having interests adverse to the lunatic, could have an order appointing the committee guardian of course. And no…
2Cases cited2 opinions
- Shore v. ShoreThe Superior Court of New York City · 1850
- New v. NewNew York Court of Chancery · 1837
3Cited by3 opinions
- Moore v. FlaggAppellate Division of the Supreme Court of the State of New York · 1910
- Hanley v. BrennanCity of New York Municipal Court · 1887
- Rogers v. . McLeanNew York Court of Appeals · 1866