Clark v. Bradstreet

The main issue for our decision is whether there was proper service on the defendant of the writ in this action.

The plaintiff maintains there was and gives the following bases for her position. The writ set up the defendant as a nonresident or of unknown residence. The sheriff attached her real estate in this state and made a return of non est inventus. The action was therefore properly entered under the provisions of P. L., c. 331, s. 8, and notice by publication (s. 9) constituted sufficient service on the defendant. Therrien v. Scammon, 87 N. H. 214, 215.

The defendant contends that because…