Matthews v. Blossom
Supreme Judicial Court of Maine
At the commencement of the term at which the action was entered, and before the jury were empannelled, S. Emery, counsel for the defendant, in writing, moved the Court, that the writ abate, and that the action be dismissed, because the writ was not served upon the defendant by reading the same to him, or by leaving an attested copy, as the law requires, but was served merely by leaving a summons at his last and usual place of abode; and that said writ is an original summons,…
Read the full summary
At the commencement of the term at which the action was entered, and before the jury were empannelled, S. Emery, counsel for the defendant, in writing, moved the Court, that the writ abate, and that the action be dismissed, because the writ was not served upon the defendant by reading the same to him, or by leaving an attested copy, as the law requires, but was served merely by leaving a summons at his last and usual place of abode; and that said writ is an original summons, wherein there is no command to attach the goods or estate of the defendant; all which appears on the face of the writ.…
1Opinion of the Court
The case was continued for advisement, and the opinion of the Court was subsequently prepared by
Shefuey J.
The first and second sections of the stat. c. 59, point out the manner of serving writs. When a writ of attachment is used the service is to be made by delivery to the party, or leaving at his place of abode “ a summons in form prescribed by law.” And when “ the process is by original summons” the service is to be made by reading the same to the party or by leaving a certified copy at his place of abode. This process being in the form of an original summons was served in the manner…
2Cited by1 opinion
- Crawford v. CrawfordSupreme Court of New Hampshire · 1860