Legal Opinion

Dunn v. Dunn

New York Court of Chancery

Decided April 1, 1834PublishedCited by 30 opinions

This was an appeal from an order of the vice chancellor of the first circuit, setting aside a decree for a divorce, on the ground of irregularity. The parties resided in the city of New-York, but the subpoena was served upon the defendant at Newark, in the state of New-Jersey, during a temporary absence there for the purpose of lying-in.

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This was an appeal from an order of the vice chancellor of the first circuit, setting aside a decree for a divorce, on the ground of irregularity. The parties resided in the city of New-York, but the subpoena was served upon the defendant at Newark, in the state of New-Jersey, during a temporary absence there for the purpose of lying-in. The subpoena was personally served, and the affidavit of service was in the usual form, without expressing that it was served out of the state. The bill was taken as confessed; and upon an affidavit of regularity made by the solicitor, and the affidavit of…

1Opinion of the Court

The Chancellor.

There is no foundation whatever for the charge, which has been very improperly inserted in the petition in this cause, that the solicitor for the complainant wilfully concealed the fact, in the affidavit of regularity, that the subpoena was served out of the state. From information derived from some of the most respectable solicitors in the city of New-York, within the first two or three years after I came into this court, I know they had been in the habit of considering a personal service of a subpoena out of the state as regular. I have also reason to believe my immediate…

2Cited by30 opinions

  1. Burnham v. Superior Court of Cal., County of MarinSupreme Court of the United States · 1990
  2. De Meli v. . De MeliNew York Court of Appeals · 1890
  3. Lewis v. LewisSupreme Court of Kansas · 1875
  4. State v. ChandlerIndiana Supreme Court · 1884
  5. Adams v. AdamsSupreme Court of New Hampshire · 1872

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