Leavitt v. Leavitt
Massachusetts Supreme Judicial Court
Libel for divorce. An order of notice in the usual form was issued by the clerk, and a return of service was made and sworn to by a constable; and the libellee was defaulted.
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Libel for divorce. An order of notice in the usual form was issued by the clerk, and a return of service was made and sworn to by a constable; and the libellee was defaulted. At the hearing, 0. Allen, J., ruled that neither a constable nor a private person has authority to make service of such a process, without a special order from the court, justice or clerk, either under the statutes, or under the common law as now in force in this Commonwealth, and declined to pass upon the merits of the case without further service, or to consider whether in fact the libellee had actual notice by reason…
1Opinion of the CourtMorton, C. J.
Our statutes provide that, after a libel for divorce is filed in court, “ the court, justice, or clerk may order the adverse party to be summoned to appear and answer at the court having "jurisdiction of the cause, by the publication of the libel or of the substance thereof, with the order thereon, in one or more newspapers to be designated in the order, or by delivering to such party an attested copy of the libel and a summons, or in such other manner as may seem most proper and effectual.” Pub. Sts. c. 146, § 9. Section 10 provides that, “ when the adverse party does not appear, and the…
2Cases cited1 opinion
- Taylor v. ClarkeMassachusetts Supreme Judicial Court · 1876
3Cited by10 opinions
- Scott v. StateCourt of Special Appeals of Maryland · 1967
- Durfee v. DurfeeMassachusetts Supreme Judicial Court · 1936
- In re Act 147 of 1990Supreme Court of Pennsylvania · 1991
- Devaney v. Board of Zoning AppealsSupreme Court of Connecticut · 1945
- Rich v. Industrial CommissionUtah Supreme Court · 1932
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