Campbell v. Spencer
New York Supreme Court
Motion by defendant to set aside report of referees.—The notice that this cause would be brought to a hearing before the referees, was served on defendant’s attorney by plaintiff’s attorney, on the 14th day of March, 1845, and stated in the affidavit of plaintiff’s attorney, to be as follows: “ By leaving such notice in the office of said Martin, in a conspicuous place therein, no person being in said Martin’s office at that time, to wit, by laying such notice upon a book…
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Motion by defendant to set aside report of referees.—The notice that this cause would be brought to a hearing before the referees, was served on defendant’s attorney by plaintiff’s attorney, on the 14th day of March, 1845, and stated in the affidavit of plaintiff’s attorney, to be as follows: “ By leaving such notice in the office of said Martin, in a conspicuous place therein, no person being in said Martin’s office at that time, to wit, by laying such notice upon a book lying upon the table of said Robert H. Martin, defendant’s attorney, being the same table at which said Martin usually…
1Opinion of the Court
Jewett, Justice.
Where the door of an office is found locked, and it is unlocked, and service made by leaving the paper in the office, no person being therein, it is bad service; no service made in that way can be considered good, it should be made, under such circumstances, in some other manner. Motion must be granted with costs.
Rule accordingly.
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