Murphy v. Merrill

On a writ of scire facias against a trustee, the defendant, after the lapse of several terms, moves that the writ be dismissed, on the ground that in the original writ, three trustees were named, all of whom were residents of Lawrence, in the county of Essex, and, therefore, that the court have no jurisdiction; the action being brought in the wrong county, contrary to Eev. Sts. c. 109, § 7. In a copy of the original writ furnished to us, it appears that two of the trustees named, are described as of Lowell, in this county; they do not appear to have been served with process, though they were…