Langmaid v. Puffer
Massachusetts Supreme Judicial Court
Writ of error to reverse a judgment of the police court of Roxbury in an action of contract for work and labor. The errors assigned were that the writ in that action was sued out against “ Charles Langmaid of West Roxbury in said county, gentleman,” and was served, (as appeared by the officer’s return thereon,) by attaching “a chip as the property of the within named defendant,” and giving “ him a summons in his hand for his appearance at court ” ; that at the return day…
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Writ of error to reverse a judgment of the police court of Roxbury in an action of contract for work and labor. The errors assigned were that the writ in that action was sued out against “ Charles Langmaid of West Roxbury in said county, gentleman,” and was served, (as appeared by the officer’s return thereon,) by attaching “a chip as the property of the within named defendant,” and giving “ him a summons in his hand for his appearance at court ” ; that at the return day Charles Lang-maid did not appear, and was defaulted ; and a week afterwards, without any continuance having been entered,…
1Opinion of the CourtDewey, J.
If there was a judgment rendered against the plaintiff in error without any legal service of the writ upon him, or any appearance by him curing that defect, we have no doubt that he may properly reverse such judgment by a writ of error.
The question here is therefore that of the sufficiency of the writ in the form in which it was issued, and with the service actually made thereon, to require the plaintiff in error to appear and answer thereto, in abatement, or in bar, if he would prevent the rendering of a judgment thereon against him. The writ and summons, upon their face, purported to be…
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- Marymount College of Virginia v. VoccolloMassachusetts District Court, Appellate Division · 1987