¶1The examination of the proofs spread upon the record, and due consideration of them, has led to the conclusion that the service of the summons herein was not made as alleged. It is not intended to asperse the person who thinks he served the process, but to declare he was mistaken. The order appealed from should be reversed, and the motion made in the court below granted, with $10 costs and disbursements. All concur.
10 N.Y.S. 945
Carr v. Tracy
Decided June 6, 1890
New York Supreme Court · decided 1890-06-06
Action by George W. Carr against Harriet R. Tracy. Defendant appeals from an order denying motion to set aside the alleged service of the summons. The affidavits for and against the motion were numerous and conflicting.
Decided 1890-06-06