Quimby v. Central New Hampshire Power Co.
Supreme Court of New Hampshire
Assumpsit. Service was made on the defendants, a Maine corporation, by giving an attested copy of the writ to the secretary of state. Transferred by Branch, J., from the October term, 1915, of the superior court on the defendants’ exception to the denial of their motion to dismiss on the ground that the copy given to the secretary of state did not include a copy of the officer’s return of the attachment of their real estate.
1Opinion of the CourtYoung, J.
The defendants’ contention rests on the proposition that the copy to be served on the secretary of state, under the provisions of Laws 1913, c. 187, s. 1, is the same as that required by P. S., c. 219,' s. 5. In other words, they contend that s. 1 simply provides an additional method of completing service on non-resident corporations. The validity of this contentioh depends on the intention of the legislature; and the language it used is all the evidence there is relevant to that issue.
Section 1 provides among other things that process served on the secretary of state “shall be of the same…
2Cited by2 opinions
- Raymond Holloway v. Wright & Morrissey, Inc.Court of Appeals for the First Circuit · 1984
- Nottingham v. Newmarket Manufacturing Co.Supreme Court of New Hampshire · 1930