Property · MBE-tested
Jackson, ex dem. Jackway and Russell, against Stiles; Williams, tenant
2 Cai. 368·New York Supreme Court of Judicature·1805·NY
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Opinion
*Jackson, ex dem. Jackway and Russell, against Stiles; Williams, tenant.
If a person be admitted defendant in ejectment, and keep out of the -way to avoid service of the ca. sa. against the casual ejector, the court will grant a rule to show cause why an attachment should not issue, of which service at the house of the defendant will be sufficient.
It was ruled, that if a person be admitted to defend on payment of costs, and, after entering into the consent rule, keep out of the way to avoid being served with a copy of the ca. sa. against the casual ejector, a rule will be granted to show cause why an attachment should not go against aim, and that service of that rule at the defendant’s house shall be sufficient.