Mellet v. Swan
Massachusetts Supreme Judicial Court
1Opinion of the CourtCrosby, J.
This is a petition to vacate a judgment obtained after default. By writ dated August 7, 1928, issuing out of the Superior Court, the respondent, as administrator of the estate of Murray W. Hinckley, brought an action against this petitioner to recover damages for the death of his intestate, due to the alleged negligence of the defendant in that action. Service of the writ was made by leaving a summons at the last and usual place of abode of the defendant for his appearance at court as therein directed on the first Monday of September, 1928. As he did not appear, he was defaulted on September…
2Cases cited8 opinions
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- Matthews v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1918
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- Wrinn v. SellersMassachusetts Supreme Judicial Court · 1925
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3Cited by15 opinions
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