By the Court.—Freedman, J.
The court below found, upon evidence somewhat conflicting, that deceit had been used for the purpose of bringing defendant within the jurisdiction of this court. We have carefully-examined the evidence and deem it amply sufficient to sustain such finding. The service of the summons was therefore properly vacated and set aside (Carpenter v. Spooner, 2 Sands, 716).
The order must be affirmed, with costs.
Monell and Curtis, JJ., concurred.