Bishop v. Vose
Supreme Court of Connecticut
This was an action of assumpsit, brought by the plaintiffs, partners under the name of Bishop & Co., against Francis Vose and Charles L. Perkins of the city and state of New York, and John B. Kettell, of Boston, in the state of Massachusetts, late partners under the name of Vose, Perkins & Co. The writ was served as a summons on Vose, in the city of Bridgeport in this state, on the 24th day of January, 1857, and no other service was made in the case.
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This was an action of assumpsit, brought by the plaintiffs, partners under the name of Bishop & Co., against Francis Vose and Charles L. Perkins of the city and state of New York, and John B. Kettell, of Boston, in the state of Massachusetts, late partners under the name of Vose, Perkins & Co. The writ was served as a summons on Vose, in the city of Bridgeport in this state, on the 24th day of January, 1857, and no other service was made in the case. At the first term of the court Vose filed a written motion that the cause be stricken from the docket, on the ground that all the defendants…
1Opinion of the CourtEllsworth, J.
The mode taken in this ease to present the questions of law intended to be raised, is irregular and objectionable, but as we have no doubt upon the general merits, we will dispose of the case on the latter ground in order to make an end of the matter in controversy.
But first, as to the irregularity of this proceeding. The defendants raise the question of jurisdiction on the ground that there has been no service of the writ,—none on Perkins and Kettel, for it is not pretended that any service has been made on them,—and no legal service, they say, on Yose, for though he was in the state and…
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