Appellate Terms of the Supreme Court of New York, 1900

Shapiro v. Goldberg

Shapiro v. Goldberg
Appellate Terms of the Supreme Court of New York · Decided April 15, 1900
31 Misc. 755; 64 N.Y.S. 88

Counsel

Leon Burkes, for appellant, L. Levene, for respondents.

Shapiro v. Goldberg

Opinion of the Court

Per Guriam.

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

The 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.

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

Judgment reversed, with costs.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.