Clarkson v. Butler
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, George P. Butler, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 1st day of May, 1916, denying his motion to vacate and set aside the service of a summons by publication and the judgment entered thereon.
1Opinion of the Court
Scott, J.:
The plaintiff obtained an order for substituted service of the summons under subdivision 3 of section 438 of the Code of Civil Procedure, on the ground that defendant, being an adult and a resident of the State, had been continuously without the State more than six months next before the granting of the order and had not made a designation of a person upon whom a summons in his behalf might be served, and that personal *144service upon the defendant within the State could not, after diligent effort, be made.
The order for substituted service was made on June 28, 1915, and the affidavit…
2Cited by6 opinions
- In re the Estate of OwenNew York Surrogate's Court · 1932
- In re the Estate of RobertsAppellate Division of the Supreme Court of the State of New York · 1963
- In re the Open, Vacate & Set Aside a Decree of this Court, Dated February 8, 1927, Granting Letters of Administration to HoneAppellate Division of the Supreme Court of the State of New York · 1937
- In re the Estate of ClarkeNew York Surrogate's Court · 1932
- In re the Estate of ManleyNew York Surrogate's Court · 1962
1 more not listed; retrieve them via the Exa API.