Williams v. Kimball
Massachusetts Supreme Judicial Court
Contract, with a count in tort, by a judgment debtor and the surety on his recognizance, against the sheriff of Middlesex, for the alleged neglect of one of his deputies to serve a notice of the time and place appointed for the examination of the debtor. At the trial in the Superior Court, before Rockwell, J., the jury returned a verdict for the plaintiffs; and the defendant alleged exceptions, which appear in the opinion.
1Opinion of the CourtMorton, C. J.
If we assume that the service of the notice by the officer was not sufficient as a service “ by giving to the plaintiff or creditor, his agent or attorney, an attested copy thereof,” under the Gen. Sts. c. 124, § 13, because the officer did not see the attorney, or give to him personally an attested copy of the notice, we are of opinion that the evidence offered by the defendant, and excluded by the court, was competent, as tending to show that the attorney accepted the service and waived the informality and irregularity.
*215The judgment creditor may waive any formalities which are intended for…
2Cases cited4 opinions
- Mount Washington Glass Works v. AllenMassachusetts Supreme Judicial Court · 1876
- Andrews v. KnowltonMassachusetts Supreme Judicial Court · 1876
- McInerny v. SamuelsMassachusetts Supreme Judicial Court · 1878
- Pacific Mutual Insurance v. CanterburyMassachusetts Supreme Judicial Court · 1870
3Cited by3 opinions
- Sturman v. McCarthyMassachusetts Supreme Judicial Court · 1919
- Goldenberg v. BlakeMassachusetts Supreme Judicial Court · 1887
- Speirs Fish Co. v. RobbinsMassachusetts Supreme Judicial Court · 1902