Scott v. McEwing

Opinion by

Me. Justice Barnes,

On March 15, 1939, five days before the return day, defendant was served with an alias writ of summons and a copy of plaintiffs’ statement of claim in trespass. Judgment was entered against him on April 3, 1939, for want of an appearance, and, on April 8, he filed a petition and rule to open the judgment.

The petition sets forth that on the day of service, defendant delivered the writ and statement to the office of the Manufacturers’ Casualty Insurance Company, his insurance carrier; that they were mislaid by the company in its claims department; that on March 28,…