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SOEMANN v. CARR

8 A.D.2d 489 (1959)

Cecelia Soemann, Respondent, v. James E. Carr, Appellant George J. Soemann, Respondent, v. James E. Carr, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

July 9, 1959.

Attorney(s) appearing for the Case

Smith, Murphy & Schoepperle (Thomas W. Steffan of counsel), for appellant.

Frederick M. Marshall (William H. Clancy of counsel), for respondents.

Present — McCURN, P. J., KIMBALL, WILLIAMS, BASTOW and HALPERN, JJ.

Per Curiam.

The Special Term sustained the service of process in each of the above-entitled actions, upon the theory that the service of the summons by publication, under orders which it had previously granted and which it amended nunc pro tunc, could be treated as substituted service pursuant to section 231 of the Civil Practice Act. But we have come to the conclusion that it is not possible to sustain the service...

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