Oethout v. Kerr

The defendant made a motion to vacate an order for substituted service, which was denied. Defendant appeals. The affidavits sufficiently show that defendant was a resident of the state and was avoiding service. We find no abuse of discretion on the part *1138of the justice. See Code, § 435; Collins v. Ryan, 32 Barb. 647; Haswell v. Lincks, 87 N. Y. 637. Order is affirmed, with costs.