Legal Opinion

Wilbur v. Ripley

Massachusetts Supreme Judicial Court

Decided June 27, 1878PublishedCited by 3 opinions

Writ of error to reverse a judgment of the Superior Court, rendered upon the default of the plaintiff in error, on a writ of entry brought against him by the defendant in error, in the form of a writ of summons and attachment, on which the return of the officer was that he had attached all the defendant’s real estate in the county and had afterwards summoned him to appear and answer by leaving a true and attested copy of the writ at his last and usual place of abode.

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Writ of error to reverse a judgment of the Superior Court, rendered upon the default of the plaintiff in error, on a writ of entry brought against him by the defendant in error, in the form of a writ of summons and attachment, on which the return of the officer was that he had attached all the defendant’s real estate in the county and had afterwards summoned him to appear and answer by leaving a true and attested copy of the writ at his last and usual place of abode. Error assigned, the insufficiency of such service. Plea, in nullo est erratum.

1Opinion of the CourtGray, C. J.

The statutes of the Commonwealth have made a distinction, in the mode of service, between a writ of original summons and a writ of summons and attachment. In the case of a writ of original summons, containing no order for an at*469bachment, service may be made by reading the summons to the defendant, or by delivering to or leaving for him a copy thereof, attested by the officer. But when the form of the writ is such as not merely to summon the defendant to answer the action, but to order an attachment which is an incumbrance upon his property and restricts the alienation thereof, he is entitled…

2Cases cited2 opinions

  1. Peabody v. HamiltonMassachusetts Supreme Judicial Court · 1870
  2. Harrington v. ConollyMassachusetts Supreme Judicial Court · 1874

3Cited by3 opinions

  1. Moriarty v. KingMassachusetts Supreme Judicial Court · 1944
  2. Sanborn v. StickneySupreme Judicial Court of Maine · 1879
  3. Callaghan v. WhitmarshMassachusetts Supreme Judicial Court · 1887

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