Bulkley v. Bulkley
New York Supreme Court
Motion to set aside judgment, and all proceedings in an action for divorce, on the ground of an irregular or fraudulent service of the summons, by which the action was commenced. The action was for a divorce a vinculo matrimonii.
Read the full summary
Motion to set aside judgment, and all proceedings in an action for divorce, on the ground of an irregular or fraudulent service of the summons, by which the action was commenced. The action was for a divorce a vinculo matrimonii. The venue was laid in Saratoga county, and the defendant not having appeared in the action, judgment for the plaintiff was entered, on the report of the referee, in January, 1857. The facts appearing by the motion papers were as follows:— The plaintiff was an attorney and counsellor at law, living and keeping his office in the city of blew York ; the defendant was…
1Opinion of the CourtPotter, J.
If the summons in this case was not legally served,, the court have never had jurisdiction of the party defendant; and in such case all proceedings based upon the pretended service is void, and the judgment or decree without force or effect-*311In order to determine the legality of this service, let us inquire what is the obvious policy and object of the statute that requires the commencement of an action to be by the service of a suuk mons; and also what other rights are allowed to a party, when a summons has been duly and fairly served ? The summons is a proceeding which both gives, and limits…
2Cited by5 opinions
- Townsend v. SmithWisconsin Supreme Court · 1879
- In re the Estate of McGarrenAppellate Division of the Supreme Court of the State of New York · 1906
- Jackson v. Schuylkill Silk MillsAppellate Terms of the Supreme Court of New York · 1915
- Wyckoff v. PackardCity of New York Municipal Court · 1887
- Higgins v. DeweyCity of New York Municipal Court · 1890