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Olson v. McConihe

Supreme Court, New York Special Term
Apr 1, 1907
54 Misc. 48 (N.Y. Sup. Ct. 1907)

Opinion

April, 1907.

Warren McConihe, for motion.

Frank Herwig, opposed.


It is uncontradicted that the person who deposes to the service of the summons herein was admitted at the servants' entrance to the house where defendant resided and asked to see one "Kate," presumably and apparently not this defendant. Such admission, under the circumstances, might not be said to carry the freedom of the house or to warrant forcible access to the dining-room upstairs for the purpose of service of process. Entry there and in the manner described was wrongful and the service improper. Mason v. Libbey, 1 Abb. N.C. 354. Application to set service aside granted, with ten dollars costs.

Application granted, with ten dollars costs.


Summaries of

Olson v. McConihe

Supreme Court, New York Special Term
Apr 1, 1907
54 Misc. 48 (N.Y. Sup. Ct. 1907)
Case details for

Olson v. McConihe

Case Details

Full title:EMMA OLSON, Plaintiff, v . PHEBE WARREN McCONIHE, Defendant

Court:Supreme Court, New York Special Term

Date published: Apr 1, 1907

Citations

54 Misc. 48 (N.Y. Sup. Ct. 1907)
105 N.Y.S. 386

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