Walling v. Beers
Massachusetts Supreme Judicial Court
Bill in equity, filed December 29,1874, praying for an injunction to restrain the defendants from selling certain maps. Hearing before Ames, J., who reported the case for the consideration of the full court, in substance as follows : The defendant Beers resided in the State of New York, and the only service made upon him was by leaving, on December 30, 1874, a notice at his last and usual place of abode in that state, to appear and show cause why a preliminary injunction…
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Bill in equity, filed December 29,1874, praying for an injunction to restrain the defendants from selling certain maps. Hearing before Ames, J., who reported the case for the consideration of the full court, in substance as follows : The defendant Beers resided in the State of New York, and the only service made upon him was by leaving, on December 30, 1874, a notice at his last and usual place of abode in that state, to appear and show cause why a preliminary injunction should not issue against him, as prayed for in the bill. On January 2,1875, an injunction was issued as prayed for. On…
1Opinion of the CourtAmes, J.
The decree sought for was to operate upon the defendant personally, and it was therefore necessary that he should be personally brought within the jurisdiction of the court. The service which was attempted to be made upon him, by a copy left at his last and usual place of abode in New York, would not have that effect. Spurr v. Scoville, 3 Cush. 578. Moody v. Gay. 15 Gray, 457.
It is true that he was served with a notice to show cause why a preliminary injunction should not issue as prayed for in the bill, and that, upon his failure to appear, such an injunction was granted. And, at a later…
2Cited by13 opinions
- Jones v. . JonesNew York Court of Appeals · 1888
- Cheshire National Bank v. JaynesMassachusetts Supreme Judicial Court · 1916
- Coyne v. PlumeSupreme Court of Connecticut · 1916
- Morrill v. TongMassachusetts Supreme Judicial Court · 1983
- McCann v. RandallMassachusetts Supreme Judicial Court · 1888
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