Day v. Board of Regents of the University

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding § 308(2) is satisfied where a process server informs a person he is leaving a copy of the summons and complaint in a place after service was refused
• holding “where the person to be served interposes a door between himself and the process server, the latter may leave the summons outside the door, provided the person to be served is made aware that he is doing so”
• rejecting argument that there was insufficient proof of mailing “because the employee who actually did so was not produced” and finding that “[t]he proof of the course of business in this regard sufficed”
• sufficient delivery found where the process server announced intention to leave the summons and complaint and left a copy of the documents outside the defendant’s door after a person of suitable age and discretion refused to open the door to accept service
• delivery to “general vicinity” of resistor is sufficient

Source: CourtListener parenthetical corpus (CC0).