In re Smith

Sears, J.:

This is a summary proceeding brought by the landlord for the dispossession of the defendants from certain premises. The defendants appeared specially upon the return day mentioned in the precept and moved to dismiss the proceeding on the ground that there was no proper return of service. The motion was denied. The defendants then answered, after putting on the record a reservation that no rights were waived under the motion referred to. The proceeding was thereupon tried and resulted in a final order in favor of the petitioner from which the defendants have appealed.

The defendants’…