Harrington v. Conolly
Massachusetts Supreme Judicial Court
Writ of dower, commanding the officer to attach the goods or estate of the tenants, and summon them to appear and an swer at October term, 1872, of the Superior Court. The officer returned that he had attached a chip, the property of the tenants, and “ summoned them to appear and answer at court as within directed by giving them each a summons in hand.”
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Writ of dower, commanding the officer to attach the goods or estate of the tenants, and summon them to appear and an swer at October term, 1872, of the Superior Court. The officer returned that he had attached a chip, the property of the tenants, and “ summoned them to appear and answer at court as within directed by giving them each a summons in hand.” The tenants, appearing specially for the purpose, moved to dismiss the action, “ because the service of said writ was defective and insufficient, and because they have not been duly summoned to appear and answer thereto.” Brigham, C. J.,…
1Opinion of the CourtGray, C. J.
A writ of dower is an original writ. By the earlier statutes of the Commonwealth, the form prescribed was that of a writ of original summons, and the service might be by an attested copy or by reading. Sts. 1783, c. 40, § 3; 1797, c. 50, § 2. In practice, however, it was often made in the form of a writ of capias and attachment, or — inasmuch as a capias was of no value, because by the St. of 1795, c. 75, it was provided that if the tenant was arrested in a real action, his own bond only should be required for his appearance to answer the same — of summons and attachment, in order to obtain…
2Cases cited1 opinion
- Perry v. GoodwinMassachusetts Supreme Judicial Court · 1810
3Cited by1 opinion
- Wilbur v. RipleyMassachusetts Supreme Judicial Court · 1878