61 N.Y.S. 109 | N.Y. Sup. Ct. | 1899
This is an action for an absolute divorce, instituted by the wife. The husband has not appeared in the action, and has suffered his default to be taken. The summons was served without a copy of the complaint. The only proof of service is an affidavit of one Fernando Wood, who swears that he served- the “ foregoing ” summons, on July 14, 1899, on defendant, at 2070 Seventh avenue, in this city. Rule 18 of the General Rules of Practice requires the affidavit of service in actions for divorce to state, in addition to the ordinary requirements, what knowledge the affiant had of the person served being the defendant and the proper person to be served, and how he acquired such knowledge; and the rule also provides that the court may require an affiant to appear in court, and be examined in respect thereto. Wood was not called as a witness, for the reason that he is a traveling man, and' plaintiff’s attorney was unable to procure his attendance at the trial. In his affidavit of service, Wood swears that he had known the defendant for about a year, and that defendant admitted that he was the husband of the plaintiff herein. He does not swear that the summons so served
Ordered accordingly.