Baker v. Copeland

By the Court.

The defendant, having been illegally arrested in an action of tort returnable to the Superior Court, *343appeared specially in that court, and moved to dismiss the action for insufficiency of service. The court refused to allow the plaintiff to take out an order for further service, and dismissed the action. The plaintiff excepted to these proceedings of the Superior Court.

E. 0. Grilman $ O. M. Barnes, for the plaintiff. W. E. Powers, for the defendant.

By the Pub. Sts. c. 161, § 84, it is within the discretion of the court, if the service of a writ is defective or insufficient, to…