Arden v. Walden — 1 Edw. Ch. 631

Majority

p. 631

Arden vs. Walden.

Headnote

Where a copy of subpoena to appear and answer is, as to the return day and month, served in blank, it is not a good service, and proceedings nuder it will be set aside.

May 20, 1833.

Ii~ this case (of foreclosure) the original subp~na had been duly filled up, signed and sealed; but what purported to be a copy, served upon the defendant, -had a blank left for the day and month of the return. No appearance had been put in; and upon an affidavit of due service, the bill was taken pro confesso. -

A motion was now made to set the proceedings aside.

The defendant, in person.

Mr. T. G. Fletcher, for the complainant.

I consider the proceedings The defendant had a right to treat the paper as a nullity. It .is true the original subpoena had the date í but the defendant was to be guided by the copy left with him.

This is a clerical error and the defendant has had the of the delay: I shall not give costs.