Mygatt v. Coe

The opinion of the court was delivered by

Gummere, J.

This is an application to set aside the service of a summons upon the defendant Edward. Prime Coe, as not having been made in conformity to the provision of the statute regulating the subject. Section 49 of our Practice act provides that a copy of the writ “ shall be served upon the defendant in person or left at his dwelling-house or usual place of abode.”

The service in the present case was made by exhibiting the writ and delivering a copy thereof on November 28th, 1898, to one Smullen, who was an employe of the defendant. The question in…