Carey v. Planning Board of Revere

This case is again before us, on report from the Superior Court. The report shows by stipulation that the notice relied on by the plaintiff to satisfy the requirement of G. L. (Ter. Ed.) c. 41, § 81BB, as appearing in St. 1953, c. 674, § 7, is whatever notice was given by the service in hand upon the city clerk on June 30, 1955, of a copy of the subpoena without a copy of the bill of complaint.

The copy of a subpoena gave the city clerk notice of the facts disclosed in it. The subpoena did not show that the clerk was a party to the suit, it did not call upon him to respond or appear, and it…