Abbott v. Abbott
Supreme Judicial Court of Maine
On exceptions by defendant. Writ returnable to and entered at the April term, 1904, of the Supreme Judicial Court, Knox County. Defendant’s real estate had been attached upon this writ, but no service of the writ was made upon the defendant before entry at the return term.
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On exceptions by defendant. Writ returnable to and entered at the April term, 1904, of the Supreme Judicial Court, Knox County. Defendant’s real estate had been attached upon this writ, but no service of the writ was made upon the defendant before entry at the return term. Defendant’s counsel entered their appearance at the return term “for the especial purpose of objecting to any order of service upon defendant and for no other purpose.” , At-the following September term of said court, a motion for order of service was filed by plaintiff and the motion was granted and an order of service was…
1Opinion of the CourtWhitehouse, J.
This case comes to the court on exceptions to the overruling of a motion to dismiss an action for want of proper service. The writ was returnable to the Supreme Judicial Court of Knox county at the. April term 1904. At the return term the defendant’s counsel entered their appearance upon the docket “for the especial purpose of objecting to any order of service upon the defendant and for no other purpose.”
At the following September term a motion for an order of service *345on the defendant was filed by the plaintiff’s counsel accompanied by the following affidavit: “The defendant was not within…
2Cases cited1 opinion
- Dunkle v. ElstonIndiana Supreme Court · 1880
3Cited by5 opinions
- Williams & Davisson Co. v. BaileyWest Virginia Supreme Court · 1911
- Jordan v. McKaySupreme Judicial Court of Maine · 1933
- Demars v. GardnerNorth Dakota Supreme Court · 1914
- Estabrook v. Ford Motor Co.Supreme Judicial Court of Maine · 1940
- United States Clothespin Co. v. Robertson Paper Co.Supreme Court of Vermont · 1927