Central Bank v. Wright

12 Wend. 190

Opinion

By the Court,

Nelson, J.

In cases of the commencement of suits by the'filing and service of a declaration, the declaration must be served personally; and it will be intended, where the sheriff'certifies that he has served a copy on a defendant, that it was served personally, unless the contrary is shown. It was not formerly required that, in the affidavit of service, it should be stated that the paper served was a copy of the declaration filed; nor is it necessary now.

Motion denied.