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Tom v. First Society of Methodist Episcopal Church

19 Wend. 25 Court N.Y. Sup. Ct. English

Contents

Majority

p. 25
Tom vs. The first Society of the Methodist Episcopal Church of Riga.
ALBANY,
Sept. 1837.

Headnote

In a suit against the corporation, where there is no presiding officer, cashier, secretary or treasurer, service of the summons upon any oilier officer of the corporation will be approved by the court, and a rule to plead ordered to be entered.

Suit against corporation. The suit was commenced by the service of a summons, upon one of the trustees of the church. On an affidavit that the corporation had no presiding officer or treasurer, and that the secretary had left the country, The Court directed a rule to be entered that the service made should be deemed sufficient, and that the defendants plead within twenty days after the service upon the same trustee, of a copy of the declaration filed, and notice of the rule so ordered or judgment. See 2 R. S. 458, § 5.