Fox v. Bottomly

This petition is to vacate a judgment entered by default in an action of contract brought by the respondent against the petitioner in the Superior Court. G. L. (Ter. Ed.) c. 250, § 15. The contract action was to recover on two promissory notes signed by the petitioner in the respective amounts of $106,000 and $144,000. According to the bill of exceptions, there was evidence that service of the writ and summons in the contract action was duly made in hand on the petitioner by a deputy sheriff of Suffolk County on April 23, 1959, and that no attachment of the petitioner’s property was made;…