Brown v. Cook

Headnote

The place of residence of an attorney (upon whom papers are served for a motion), must le stated in the affidavit of service, otherwise it will he held bad proof of service.

Motion by defendant to change venue.

An objection was taken to the ^making of this motion, on the ground of defective proof of service of the papers. The affidavit of service read as follows, (“title of the cause,”) “ Livingston county, ss.: Moses Stevens of Dansville, in said county, being duly sworn, says, that he at the request of Benjamin C. Cook, the defendant in person in this cause, did on the 25th day of September last serve the plaintiff’s attorneys with a copy of the foregoing affidavit, notice of motion and order staying proceedings in this said cause, and that the said service was made by carefully enveloping said copy affidavit, notice of motion and order in a wrapper, and putting the same in the post-office directed to Spencer & Kernan, the said attorneys for the said plaintiff in this cause, at their place of residence, and paying postage thereon.” It was objected that the affidavit did not state the place of residence of the attorneys.