Wells v. Cruger
New York Court of Chancery
The defendant in this case applied to set aside the order faking the bill as confessed, and all subsequent proceedings,, on an affidavit of merits. The defendant was a solicitor and counsellor of the court, but had resided out of the state for more than a year. The subpoena was served upon him personally, duritig a temporary visit to the state, but he had not appeared in the cause.
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The defendant in this case applied to set aside the order faking the bill as confessed, and all subsequent proceedings,, on an affidavit of merits. The defendant was a solicitor and counsellor of the court, but had resided out of the state for more than a year. The subpoena was served upon him personally, duritig a temporary visit to the state, but he had not appeared in the cause. Previous to the service of notice of the application, the complainant had obtained and entered a final decree; and had contracted to sell the lands, which were the subject of controversy in the suit.
1Opinion of the Court
The Chancellor.
There is no foundation for the objection that notices of the hearing, and of other proceedings in the cause, have not been served upon the defendant’s agent. If the defendant still retained his privilege as a solicitor, after his permanent removal from the state, he should have caused his appearance to be entered, within the time limited by the rules of the court, if he wished to secure to himself a right to the service of papers in the cause upon his agent. No service of notices or papers, in the ordinary proceedings in a cause, is necessary to be made upon a defendant who…
2Cited by6 opinions
- Bailey v. TaaffeCalifornia Supreme Court · 1866
- Stribling v. HartSupreme Court of Florida · 1883
- Ferussac v. ThornNew York Supreme Court · 1847
- Levy v. GoldbergWisconsin Supreme Court · 1876
- Babcock v. PerryWisconsin Supreme Court · 1856
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