Catherine M. Carleton, Respondent v. Davis Carleton, Appellant

Summary

The Court held that an affidavit stating only that a defendant does not reside in New York, without showing that due diligence was employed and that the defendant could not be found within the State, does not satisfy § 135 of the Code of Procedure to authorize service of summons by publication. Accordingly, the order for publication was reversed and the motion to vacate the judgment was granted.