Hall v. Hall
This text of 10 N.Y.S. 223 (Hall v. Hall) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The application for order of reference must be denied. The service by publication is entirely insufficient. The order was granted upon the affidavit of the plaintiff alone, with no other proof of non-residence, or removal from the state. As the plaintiff would not be permitted to serve the summons personally, certainly an order of publication should not be granted solely upon his affidavits. Such a procedure would open the door to the grossest fraud. The papers are defective in other particulars, which, however, it is not necessary to notice.
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Cite This Page — Counsel Stack
10 N.Y.S. 223, 23 Abb. N. Cas. 295, 1889 N.Y. Misc. LEXIS 2461, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hall-v-hall-nysupct-1889.