7 N.Y.S. 897 | City of New York Municipal Court | 1889
The plaintiff fails to show “ that the place of his [the defendant’s] sojourn cannot be ascertained, ” as required by Code, § 435.
Code Civil Proc. N. Y. § 435, provides that “where a summons is issued in any court of record, an order for the service thereof, upon a defendant residing within the state, may be made * * * upon satisfactory proof * * * that proper and diligent effort has been made to serve the summons upon the defendant, and that the place of his sojourn cannot be ascertained, or, if he is within the state, that he avoids service, so that personal service cannot be made. ”