Carter v. Youngs
The Superior Court of New York City
Appeal from an order denying defendant’s motion to set aside an order made for a substituted service of the summons and complaint on the defendant Daniel S. Youngs. The summons and complaint were served, on March 27, on the defendant Mrs. Youngs, at the-residence of the defendants, by a deputy sheriff. She informed him that her husband was ill within the house, and declined to give him permission to see him or to serve him.
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Appeal from an order denying defendant’s motion to set aside an order made for a substituted service of the summons and complaint on the defendant Daniel S. Youngs. The summons and complaint were served, on March 27, on the defendant Mrs. Youngs, at the-residence of the defendants, by a deputy sheriff. She informed him that her husband was ill within the house, and declined to give him permission to see him or to serve him. The officer in Ms affidavit stated he was unable for these reasons to make such service, and an order was made for a substituted service. The affidavits to vacate the…
1Opinion of the Court
By the Court.—Sanford, J.
The “Act to facilitate the service of process in certain cases” (Laws of 1853, ch. 511), materially enlarges the power of courts and 'judges to dispense with the necessity of personal service; and, without directly amending the Code, in terms, greatly modifies its provisions with respect to the manner in which the service of a summons may be made. Under subdivision 2 of section 135 of the Code, *171service by publication can only be made when it appears by affidavit to the satisfaction of the' court not only that the person upon whom service is to be made cannot, after…
2Cases cited3 opinions
- Towsley v. McDonaldNew York Supreme Court · 1860
- Snyder v. . PlassNew York Court of Appeals · 1863
- Van Rensselaer v. DunbarNew York Supreme Court · 1849