Salter v. Bridgen

Decided January 15, 1800

New York Supreme Court · decided 1800-01-15

Troup nioved to set aside a default, entered in this cause for not pleading, on an affidavit by the defendant, that a copy of the bill filed therein, had ndt been served on him, nor had at any time come to his hands.

Decided 1800-01-15

Per Curiam.

¶1The service by delivering a copy to one of the defendant’s family, although at his office, is not of itself sufficient, especially, when it is denied to have been,received by him, and no reason is shown why a better service could not have been made. Let the default be set aside with costs.(b)

¶2Motion granted.

¶3 An affidavit of service on a person in an attorney’s office must show that *294there is a relation between him and the person served. Rathbone v. Blackford, 1 Caines’ R. 243. Gra. Prac. 711, 712, 2d edit." ",