New York Supreme Court, 1877

Whitney v. Welch

Whitney v. Welch
New York Supreme Court · Decided October 15, 1877 · Barrett
2 Abb. N. Cas. 442

Counsel

Francis Lawton, Jr., for motion urged:

Whitney v. Welch

Opinion of the Court

Barrett, J.

The papers show that the defendants *444do not reside in the United States, but that is all. The defendants are entitled to notice (see section 714, Code of Civ. Pro.). The plaintiff may take an order to show cause, with a proper provision as to the mode of service. This provision can only be made upon a disclosure of the defendants’ residence. Even as a matter of discretion, under section 294 Code of Pro., they should have some notice.

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