Thompson v. Cowell
Massachusetts Supreme Judicial Court
Petition under Pub. Sts. c. 176, inserted in a writ of original summons, dated August 26,1887, to try the title to a parcel of land in Wrentham. The respondent appeared specially, and filed a plea to the jurisdiction. Hearing before Morton, C. J., who reported the case for the consideration of the full court, as follows.
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Petition under Pub. Sts. c. 176, inserted in a writ of original summons, dated August 26,1887, to try the title to a parcel of land in Wrentham. The respondent appeared specially, and filed a plea to the jurisdiction. Hearing before Morton, C. J., who reported the case for the consideration of the full court, as follows. The petitioner is a resident of Wrentham, and the respondent is a resident of Rhode Island, but was, when the writ of summons was sued out and served, commorant of Wrentham. The writ was served on August 27,1887, by a deputy sheriff of the county of Norfolk, by giving to the…
1Opinion of the CourtMorton, C. J.
This is a petition under the Pub. Sts. c. 176, inserted in a writ of original summons. The writ and petition were duly served upon the respondent by giving him in hand an attested copy, he being at the time of the service commorant of Wrentham, in this Commonwealth. The court thus acquired jurisdiction of his person, and can proceed with the suit and enter a personal judgment against him. Roberts v. Knights, 7 Allen, 449. Peabody v. Hamilton, 106 Mass. 217.
The respondent relies upon the case of Macomber v. Jaffray, 4 Gray, 82. But in that case the respondents all were out of the Commonwealth,…
2Cases cited1 opinion
- Peabody v. HamiltonMassachusetts Supreme Judicial Court · 1870
3Cited by3 opinions
- Whiteside v. Merchants National Bank of BostonMassachusetts Supreme Judicial Court · 1933
- Short v. CaldwellMassachusetts Supreme Judicial Court · 1891
- Fratt v. WilsonOregon Supreme Court · 1897