Averill v. Mathes

Service of writ upon principal defendant when no service is made on trustee. This is a writ of error to reverse a judgment of the supreme judicial court, rendered at the April term, 1873, upon a default in an action of debt on a judgment by John W. Mathes, the defendant in error, against Samuel Averill, the plaintiff in error. The action was commenced by a trustee writ in the usual form, whereby the officer was directed to attach the money, c., of the defendant in the hands of John R. Wilton, and summon said Wilton, c. The officer's return shows an attachment of personal property of the…