← Cases

Corning & Norton v. Pray

2 Wend. 626 Court N.Y. Sup. Ct. English

Contents

Majority

p. 626
Corning and Norton vs. Pray.

Headnote

Service of a no-the same^naa ojice, not good,
Motion for retaxation of costs. The notice of taxation was served by putting the same under the door of the office of the agent of the defendant’s attorney, between the hours of 10 and 12 A. M. of the day of service, the door being shut and fastened.
S. Chapman, for defendant.
W. Esleeck, for plaintiffs.

The service was irregular. If the notice could not be personally served on the agent or on his clerk in his office, it should have been delivered to some one of his family. The motion is granted.[1]

* In another case, decided this term, a notice served by leaving the same in the office of agent, no one being therein, was pronounced an irregular service.