Eckstein v. Calderwood
SOLOMON ECKSTEIN v. DAVID CALDERWOOD
- Area
- civil
- Panel
- Silas S. Sanderson (author)
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion — Sanderson
By the Court, Sanderson, J.:
The purchaser at a Sheriff’s sale is entitled to notice of a motion to set it aside. The case not only shows that no notice was served upon Kelson, but it fails to show that he appeared.
The fact that he was absent from the State at the time of the sale, or at the time the motion was made, if such was the fact, (which latter fact does not appear, however,) did not excuse the defendants from serving him with a copy of the order to show cause. Personal service was not required. It could have been served by leaving it at his residence, if known, with some person of suitable age and discretion, between the hours of eight in the morning and six in the evening; or, if his residence was not known, by inclosing it in an envelop and depositing it in the Post Office, addressed to him. (Practice Act, Sec. 520, 2d subd.)
As against the appellant the order is reversed.
Cited by
- In re Estate of Bell S. F. No. 1970 · 1899-08-08