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Van Patten v. Volt

9 Wend. 497 Court N.Y. Sup. Ct. English

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Majority

p. 497
Van Patten vs. Volt.
ALBANY,
April, 1833.

Headnote

in a suit commenced by the filing and service of a declaration, the service, to bo regular, must bo personal on the defendant.

The suit in this case was commenced by the filing and service of a declaration, and the service was by leaving the declaration at the house of the defendant. It was now moved to set aside the proceedings, on the ground that such service was irregular, and the motion was sustained; The Court holding that the declaration being in the place of process, the service, to be regular, must be personal on the defendant.