Godfree v. Godfree
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles Horace Godfree, appearing specially for that purpose, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 16 th day of December, 1914, denying his motion to vacate an order permitting the service of the summons herein by publication, and also from an order entered in said clerk’s office on the 8th day of December, 1914, permitting the plaintiff to supply…
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Appeal by the defendant, Charles Horace Godfree, appearing specially for that purpose, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 16 th day of December, 1914, denying his motion to vacate an order permitting the service of the summons herein by publication, and also from an order entered in said clerk’s office on the 8th day of December, 1914, permitting the plaintiff to supply the insufficiencies existing in the papers upon which such order is founded.
1Opinion of the Court
Hotchkiss, J.:
The action is for divorce. The order was in the alternative, that the summons be published or that it be served personally without the State. The grounds of the motion to vacate were: (1) That the order instead of requiring “ that on or before the date of the first publication” plaintiff deposit in the post office, etc., used the words “third publication; ” (2) that the papers *695failed to show that plaintiff had been or would be unable with due diligence to make personal service and that defendant had been continuously without the State for six months.
The court below held the…
2Cases cited2 opinions
- Matter of FieldNew York Court of Appeals · 1892
- Sabin v. KendrickAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by3 opinions
- Marrone v. TesoriereNew York Supreme Court · 1915
- Banfield Co. v. HollenbeckAppellate Division of the Supreme Court of the State of New York · 1918
- Mijon v. MijonNew York Supreme Court · 1923