Harris v. Doherty
Massachusetts Supreme Judicial Court
Trustee process. Writ dated December 15, 1874, and returnable to January term 1875 of the Superior Court, .the return day being January 5. The city of Boston was summoned as trustee.
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Trustee process. Writ dated December 15, 1874, and returnable to January term 1875 of the Superior Court, .the return day being January 5. The city of Boston was summoned as trustee. It appeared by the officer’s return that service was made on the trustee on December 16, 1874, and on the principal defendant on December 21, 1874. At January term 1875 of the Superior Court the trustee entered a special appearance and prayed for a discharge on the ground that no legal service had been made upon it. The court ordered the trustee to be discharged, and gave judgment for the plaintiff for the amount…
1Opinion of the CourtGray, C. J.
By the Gen. Sts. c. 123, § 21, original writs issuing from this court or the Superior Court must be served fourteen days at least, and from a police court or justice of the peace seven days at least, before the return day; and by § 22, in any action brought against a city or town, or certain other corpo rations, the writ must be served thirty days at least before the ■return day. By c. 142, § 5, trustee processes must be “ served *143on the defendant and each of the trustees in the manner prescribed for the service of an original summons without an attachment.” As no time is otherwise prescribed…
2Cases cited1 opinion
- Stimpson v. Inhabitants of MaldenMassachusetts Supreme Judicial Court · 1872
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