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31 Misc. 755

Shapiro v. Goldberg

Appellate Terms of the Supreme Court of New York · decided 1900-04-15

<p>Appeal from a judgment in favor of plaintiffs, rendered in the Municipal Court of the city of Hew York, seventh district, borough of Manhattan.</p>

Decided 1900-04-15

Per Guriam.

¶1The marshal’s return completely ignores the requirements of sections 1321 and 1326 of the Consolidation Act.

¶2The mere mailing of the summons and attachment is ineffectual without posting copies of the same on the door of defendant’s residence; and where such service is made the return must recite the reasons for not making personal service. The summons not having been properly served the court never acquired jurisdiction, and the judgment must he reversed.

¶3Present: Beekmah, P. J., Giegebioh and O’Gobmah, JJ.

¶4Judgment reversed, with costs.

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