Hess v. Felt

The mere fact that the plaintiffs knew the defendant was somewhere in Canada, the efforts of the plaintiffs to find out in what place therein being unavailing, is not enough to warrant a vacation of the order for substituted service obtained under section 435 of the Code of Civil Procedure upon the ground that the defendant was without the State and that the place of his sojourn could not be ascertained. It is a fair inference from the moving papers that the family and business representatives of the defendant purposely and repeatedly withheld from the plaintiffs information of the…