Carr v. Tracy

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 he reversed and the motion made in the court below granted, with ten dollars costs and disbursements.

Van Brunt, P. J., and Daniels, J., concur.