¶1There may seem, at first sight, to be some incongruity in the statute; but I am satisfied the only benefit intended by the service of the order relates to publication. Such service would save the trouble and expense of advertising. This defendant is entitled to the four months to appear after the date of the order. The bill cannot be taken pro confessa against him before the end of that time, although the order should be personally served upon him.
1 Edw. Ch. 82
Cornell v. Watson
Decided August 3, 1831
New York Court of Chancery · decided 1831-08-03
One of the defendants in this suit was a member of a firm in the city of New York, but resided at Boston in the State of Massachusetts. The usual application for publication and appearance within four months was made, under the provisions of 2 R. S. 186. sec. 122, 123,124.
Decided 1831-08-03