Olson v. McConihe
This text of 54 Misc. 48 (Olson v. McConihe) 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
It is. uncontradicted that the person who deposes to the service of the summons herein was admitted at the servants’ entrance to the house where defendant resided and asked to see one “ Kate,” presumably and apparently not this defendant. Such admission, under the circumstances, might not be said to carry the freedom of the house or to warrant forcible access to the dining-room upstairs for the purpose of service of process. Entry there and in the manner described was wrongful and the service improper. Mason v. Libbey, 1 Abb. N. C. 354. Application to set service aside granted, with ten dollars costs.
Application granted, with ten dollars costs.
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Cite This Page — Counsel Stack
54 Misc. 48, 105 N.Y.S. 386, Counsel Stack Legal Research, https://law.counselstack.com/opinion/olson-v-mcconihe-nysupct-1907.