Order reversed on the law and the facts, without costs, and the matter remitted to the Special Term so that a hearing may be had by the justice there presiding, or by an official referee, to determine the questions of fact as to service of process and the authority of the attorney who purported to appear for appellant in the action.
The issues should not have been determined on affidavits, especially where, as here, a demand for a hearing was made. Recourse should...
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