Dow v. March
Supreme Judicial Court of Maine
On exceptions from superior court. The opinion states the point. We think the ruling of the judge that the defendant did not - waive the defect in the service by making no appearance, was erroneous. The waiver consists in the neglect by the defendant to do that without which the objection becomes of no avail, that is to plead in abatement, or make the motion, within the time limited in the rules.
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On exceptions from superior court. The opinion states the point. We think the ruling of the judge that the defendant did not - waive the defect in the service by making no appearance, was erroneous. The waiver consists in the neglect by the defendant to do that without which the objection becomes of no avail, that is to plead in abatement, or make the motion, within the time limited in the rules. Bray v. Libby, 71 Maine, 281; Richardson v. Rich, 66 Maine, 252; Snell v. Snell, 40 Maine, 307.
1Opinion of the CourtPeters, C. J.
The question is whether a judge can refuse to allow judgment to go in an action in which, on inspection of the officer’s return on the writ, it appears that service, by summons, was made only thirteen days before the return day of *409the writ, the defendant failing to appear in the action. The refusal of the judge was cox'rect. The law inquires the service tp be made fourteen days before the return term. Anything less than that is not a legal seiwice, in other words, is not a service. And a defendant may rely in such case on a want of notice as an excuse for his non appearance in the action. He…
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