Allon Textile, Inc. v. Bates

This is an action of contract brought by a resident of Massachusetts against a resident of New Mexico in the Worcester Superior Court. The defendant answered to the merits and the case was referred to an auditor. While the action was pending before the auditor, the defendant died. On motion of the plaintiff and in accordance with G. L. c. 223A, commonly called the “long-arm” statute, process was issued and the defendant’s executrix, a resident of New Mexico, was personally served in that State. Subsequently, the foreign executrix appeared specially and filed an answer in abatement. After a…