Melvin v. Montgomery & Trustee

SULLIVAN, J. (Jones, P. J., and Pettingell, J.)

This action of contract was begun by trustee process against a nonresident defendant. The date of the writ was Nov. 29, 1940, returnable before the District Court of Newton on Dec. 28, 1940. There was no personal service made upon the defendant. The trustee answered “No Funds.” The trustee sought-to be discharged on motion made Feb. 3, 1941. The plaintiff obtained a special precept to attach the real estate of the defendant by an ex-parte motion filed by him on Feb. 1941 and thereafter on February 18, 1941, such attachment vyas made on the…