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Carr v. Tracy

10 N.Y.S. 945 Court N.Y. Gen. Term Decision date 1890-06-06 English

Delivered by Brady, J.

Contents

Majority

p. 945
Carr, Respondent, v. Tracy, Appellant.
(Supreme Court, General Term, First Department.
June 6, 1890.)

Headnote

Appeal from special term, New York county.
Action by George W. Carr against Harriet R. Tracy. Defendant appeals from an order denying motion to set aside the alleged service of the summons. The affidavits for and against the motion were numerous and conflicting.
Argued before Van Brtjnt, P. J., and Brady and Daly, JJ.
Lyon tfe Smith, for appellant. George W. Carr, pro se.

The examination of the proofs spread upon the record, and due consideration of them, has led to the conclusion that the service of the summons herein was not made as alleged. It is not intended to asperse the person who thinks he served the process, but to declare he was mistaken. The order appealed from should be reversed, and the motion made in the court below granted, with $10 costs and disbursements. All concur.