104 A.D. 492
Appellate Division of the Supreme Court of the State of New York
Decided May 15, 1905
Appellate Division of the Supreme Court of the State of New York · decided 1905-05-15
Appeal by the defendant, Margaret p. Gallagher, from an order. -of the Suprerne Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 12th day of December, 1904, denying the said defendant’s motion to vacate a judgment theretofore entered in the above-entitled action arid all proceedings thereunder.
Decided 1905-05-15
¶1I do not think that there was a particle of proof that the summons and complaint have ever been served. ' The person who claims to have made the service admits having committed perjury-in the affidavit of service. Hence no reliance whatever can be placed upon anything else sworn to by her.
¶2Order reversed, with fen dollars costs and disbursements, and motion granted, with ten dollars costs.