Farley v. Sprague

The appeal is from the denial of the defendant’s motion under Mass.R.Civ.P. 60(b), 365 Mass. 828 (1974), to vacate a default judgment entered against him in the Superior Court on October 3, 1975; the only substantial basis for the motion was that the defendant was a resident of Florida (see G. L. c. 227, § 1, as in effect prior to St. 1973, c. 1114, § 124) on the date (February 16, 1974) when the summons of the writ was left at a Boston address described in the officer’s return as the defendant’s “last and usual place of abode” (see G. L. c. 223, §§ 29 and 31, as in effect prior to St. 1973,…