Buck v. Ashuelot Manufacturing Co
Massachusetts Supreme Judicial Court
Contract brought in this court against a manufacturing corporation and several persons summoned as trustees. The writ was served upon the defendants in February 1857, by leaving a copy with the plaintiff, the president of the corporation, as appears by the portion of the officer’s return which is copied in the opinion.
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Contract brought in this court against a manufacturing corporation and several persons summoned as trustees. The writ was served upon the defendants in February 1857, by leaving a copy with the plaintiff, the president of the corporation, as appears by the portion of the officer’s return which is copied in the opinion. At May term 1862 the plaintiff moved that the defendants be defaulted ; and Riley Watkins, one of the supposed trustees, who had not been discharged, objected to the entry of a default, for want of sufficient service on the defendants. Dewey, J. overruled the objection, and…
1Opinion of the CourtDewey, J.
It is unnecessary to decide whether Riley Watkins, who had been originally summoned as a trustee of the principal defendants in this action, and who had long previously filed an answer denying having any goods, effects or credits in his hands, and whom the plaintiff was no longer seeking to charge as trustee, could, at this time, in his own right, raise any question whether the proper' service had been made upon the principal defendants. But, independently of any such right on the part of Watkins, it seems to us that it is the duty of the *358court to refuse to default a defendant, upon its…
2Cited by2 opinions
- People ex rel. Lafferty v. FeickeIllinois Supreme Court · 1911
- George v. American Ginning Co.Supreme Court of South Carolina · 1896