Thatcher v. Miller
Massachusetts Supreme Judicial Court
This was a writ of error brought to reverse a judgment of the Court of Common Pleas for this county, recovered upwards of six years since by the defendant in error, in an action wherein the said Miller was plaintiff, and the said Thatcher fy Al. defendants.
Read the full summary
This was a writ of error brought to reverse a judgment of the Court of Common Pleas for this county, recovered upwards of six years since by the defendant in error, in an action wherein the said Miller was plaintiff, and the said Thatcher fy Al. defendants. Several errors were assigned, but the one principally relied on was, “ that the original writ sued out by the said Seth Miller, Jun., against the plaintiffs in error, was never served upon them, nor had they, or either of them, any notice of said writ.” And, upon inspection of the record sent up, it appeared that the officer to whom the…
1Opinion of the Court
Curia.
The first error assigned is, that there was no service of the original writ upon the defendants; and, upon inspection, the return of the officer does not show that a summons was left with or read to either of them; yet it appears that the action was continued several tetáis, and that the defendants were notified of the levying of the execution upon their property, they having chosen one of the appraisers, who set off the real estate. Still the want of service is error fatal to the judgment, since the record does not show that the defendants ever entered an appearance to the suit, (a)
Thom…
2Cited by14 opinions
- Palmer v. ThayerSupreme Court of Connecticut · 1859
- Governor v. BancroftSupreme Court of Alabama · 1849
- Gavitt v. DoubCalifornia Supreme Court · 1863
- Barnard v. StevensSupreme Court of Vermont · 1828
- Butler v. ThompsonSupreme Court of Florida · 1848
9 more not listed; retrieve them via the Exa API.