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In re Anonymous

1 Cai. 73 Court N.Y. Sup. Ct. English

Contents

Majority

p. 107
Anonymous.

Headnote

Service of notice;.

The notice of motion in this cause was served on a person in the house of the attorney, and where he kept his office: but held not sufficient, as it ought to have been on a clerk in the office.[1] ,[2]

(a) (a) а) Swartwout ads. Gelston, Cole. Cas. 77. “ The service must be on soma person in the office, and belonging there; if nobody is there, it must be upon some one in the house where the attorney resides or the office is kept: and if nobody is there, it may be left in the office.”

[1] [1] See the New York Code of Procedure, sec. 409.