12 Wend. 190
Decided June 5, 1834
New York Supreme Court · decided 1834-06-05
The defendants moved to set aside the default entered in this case' for not pleading. The suit was commenced by the filing of a declaration, &c. and a copy was served by the sheriff, who certified, that oh the-day of-, &c. he served a copy of the declaration on J. Wright, one of the defendants.
Cited by 2 later decisions — most recently August 1879
2 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1834-06-05
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¶1By the Court,
¶2In cases of the commencement of suits by the'filing and service of a declaration, the declaration must be served personally; and it will be intended, where the sheriff'certifies that he has served a copy on a defendant, that it was served personally, unless the contrary is shown. It was not formerly required that, in the affidavit of service, it should be stated that the paper served was a copy of the declaration filed; nor is it necessary now.
¶3Motion denied.