Butts v. Francis
Supreme Court of Connecticut
IN ERROR. This was an action against Johnson Butts and Loren Butts, on a promissory note, given by them jointly. The officer’s return of service stated, that he attached certain chattels as the property of the defendants, and their interest in certain pieces of land; and “left a true and attested copy of the writ at the usual place of abode of Johnson Butts, and a like copy at the usual place of abode of Loren Butts, and a like copy at the office of the town-clerk in…
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IN ERROR. This was an action against Johnson Butts and Loren Butts, on a promissory note, given by them jointly. The officer’s return of service stated, that he attached certain chattels as the property of the defendants, and their interest in certain pieces of land; and “left a true and attested copy of the writ at the usual place of abode of Johnson Butts, and a like copy at the usual place of abode of Loren Butts, and a like copy at the office of the town-clerk in Canterbury." The defendants pleaded in abatement, that the writ and process had been no otherwise served on them, or either of…
1Opinion of the Court
Hosmer, Ch. J.
In an action on joint contract, service must be made on all the persons named in the writ, or it is abateable. If there are two defendants, an attested copy, when the notice is not by a personal summons, must be left with each of them, or at the place or places of their usual abode.
They may jointly plead a defect of service in abatement; because it is a defence, in which they have a joint interest. The cases of joint trespassers and of a prosecution qui tam for an assault, rest on a different principle. It is at the option of the plaintiff to institute his suit jointly or…
2Cited by10 opinions
- Connecticut Light and Power Co. v. GilmoreSupreme Court of Connecticut · 2008
- Splahn v. GillespieIndiana Supreme Court · 1874
- Rivard v. GardnerIllinois Supreme Court · 1866
- Perkins v. PerkinsSupreme Court of Connecticut · 1829
- Michels v. StorkMichigan Supreme Court · 1883
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