Desmond v. Superior Court

The Court:

This is an application for a writ of review. An action was commenced in a Justice’s Court against the petitioners herein, and a summons issued, which they claimed to have been defective. They moved in that Court to set aside the service and vacate the summons, which motion was denied. They then answered, the case was tried, and judgment rendered against them. They appealed to the Superior Court on questions of law and fact, where the motion to vacate and set aside was again made and again denied. A trial was then had in the Superior Court and judgment went against the defendants.

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