Brady v. Duran

This is an appeal from the denial of the plaintiff’s motion for late entry. In her suit she seeks damages for personal injuries allegedly sustained while she was a guest at the defendants’ hotel. The plaintiff’s writ of summons was issued on July 17, 1974, returnable the first Tuesday of September 1974. The defendants were properly served pursuant to RSA 510: 4 (Supp. 1975) and made a special appearance on the September 1974 return day. The plaintiff’s counsel, however, did not file the writ with the clerk of court on the return day as required by RSA 496:2. In fact, he did not enter the writ…