Held v. Broadbelt
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Fifth District. Action by R. Johnson Held against Delia Broadbelt. From a judgment for defendant and an order setting aside an order of substituted service, plaintiff appeals.
1Opinion of the CourtGiddersdeeve, P. J.
The plaintiff caused a summons to be issued on July 29, 1908, returnable on August 5, 1908. Personal service of the summons-not having been made, two alias summons were issued, and, neither of these having been served, a justice of the Municipal Court granted an order on August 12th for substituted service. The summons served under the provisions of the order was returnable on August 19, 1908, on which day the defendant appeared by attorney and moved to vacate the order for substituted service, and the case was adjourned for one week. On August 19th the defendant gave a written notice of…
2Cases cited3 opinions
- Wolter v. LiebmannAppellate Terms of the Supreme Court of New York · 1907
- Sills v. GaffneyAppellate Terms of the Supreme Court of New York · 1905
- New York Leasing Co. v. O'BrienAppellate Terms of the Supreme Court of New York · 1908