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191 A.D. 156

Sonnak v. Walker

Appellate Division of the Supreme Court of the State of New York · decided 1920-03-05

Appeal by the defendant, Jennie S. Walker, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 5th day of June, 1919, denying defendant’s motion to vacate and set aside an order for the service of the summons by publication. The day after» the issue of a warrant of attachment, on March 27, 1919, an order for publication was granted.

Decided 1920-03-05

Per Curiam:

¶1Plaintiff’s affidavit fails to show that at the time this order was granted defendant was still a resident, but instead her affidavit indicated that defendant had changed her residence from New York to Wiscasset, Me. But apart from that, the defendant’s presence in California was not shown as more recent than in December, 1918, leaving her whereabouts for the last three months unaccounted for. This did not meet the statute. (See Code Civ. Proc. § 438 et seq.) Therefore, the order should be reversed, with ten dollars costs and disbursements, and the motion to vacate granted, with ten dollars costs.

¶2Rich, Putnam, Blackmar, Kelly and Jaycox, JJ., concur.

¶3Order reversed, with ten dollars costs and disbursements, and motion to vacate granted, with ten dollars costs.

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