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20 N.J.L. 494

Anonymous

Supreme Court of New Jersey

Decided July 15, 1845

Supreme Court of New Jersey · decided 1845-07-15

This was the case of a bill of privilege, filed against an attorney of this court. The regularity of its service was questioned, and a motion made to set it aside as insufficient.

Decided 1845-07-15

Per Curiam.

¶1If suit be brought against an attorney by bill, service of copies of the bill and of the rule to plead, must be a service in analogy to the service of a summons under the practice act. The service must be personal, or at the house or office of the attorney.

¶2*495If such service cannot be made, the court, on motion and special cause shown, will order, that putting up a copy in the clerk’s office, or service by mail, or both, shall be considered due service, but sending a copy by mail, unless so ordered, even although its receipt is not denied, is not a sufficient service to bring the party into court, and to form the foundation or commencement of a suit.

¶3Motion allowed.

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