Brooklyn Trust Co. v. . Bulmer
This text of 49 N.Y. 84 (Brooklyn Trust Co. v. . Bulmer) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Personal service of the summons and com plaint can be made out of the State only when publication is ordered. (Code, § 135.) When so made, it is equivalent to publication and deposit in the post-office. (Id.) Section 137 declares that, in the cases mentioned in section 135, the service of the summons shall be deemed complete at the expira- *86 . ,tion of the time prescribed by the order of publication. It is held, and we think correctly,, in .Tomlinson v. Van Vechten, (6 How., 199), and in Abrahams v. Mitchell (8 Abb. Pr., 123), that where personal service is thus -made opt of, the State, .such service is not complete until the time prescribed. for- the publication has expired. Section 137 requires the lapse of this time to render the.service complete.in all the cases mentioned in section 135. It- makes, no.exception where ..personal service is, pursuant to the same section, substituted for actual publication.
The order should.be affirmed with, costs.
Order affirmed.
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Cite This Page — Counsel Stack
49 N.Y. 84, 1872 N.Y. LEXIS 138, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brooklyn-trust-co-v-bulmer-ny-1872.