Smith v. Durkee

New York Supreme Court

Smith v. Durkee

20 Wend. 684

DecidedJanuary 15, 1840

StatusPublished

This text of 20 Wend. 684 (Smith v. Durkee) 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.

Bluebook

Smith v. Durkee, 20 Wend. 684 (N.Y. Super. Ct. 1840).

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Opinion

On a motion to set aside a default for not pleading, as irregularly entered, it was held, that putting a plea into the post-office, directed to the plaintiff’s attorney at his place of residence, when the attorney has not an agent at either of the places required by the rules of the court, was equivalent to the service of a paper upon an agent; and the service was deemed to have been made on the day the plea was mailed, and not when, according to the course of the mail, the plea was received by the plaintiff’s attorney.

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On a motion to set aside a default for not pleading, as irregularly entered, it was held, that putting a plea into the post-office, directed to the plaintiff’s attorney at his place of residence, when the attorney has not an agent at either of the places required by the rules of the court, was equivalent to the service of a paper upon an agent; and the service was deemed to have been made on the day the plea was mailed, and not when, according to the course of the mail, the plea was received by the plaintiff’s attorney.

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Bluebook (online)

20 Wend. 684, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-durkee-nysupct-1840.