Smith v. Ferguson
Massachusetts Supreme Judicial Court
Contract, upon a promissory note against Barney Ferguson and Barney Fagan. In the Superior Court the defendant Ferguson filed a motion to dismiss the action, on the ground “ that there has been no sufficient service of said writ on either of said defendants, as appears by the officer’s return on said writ.” The motion was overruled, the defendant Ferguson appealed, and thereafter the court -found for the plaintiff.
1Opinion of the CourtField, C. J.
The decision of the justice of the Superior Court overruling the motion to dismiss the action for the alleged reason that there had been no sufficient service of the writ was final. Pub. Sts. c. 153, § 8. Kennedy v. Langdon, 123 Mass. 193.
Appeal dismissed.
2Cases cited1 opinion
- Kennedy v. LangdonMassachusetts Supreme Judicial Court · 1877
3Cited by1 opinion
- Fenton v. KaneMassachusetts Supreme Judicial Court · 1904