Sleeper v. Free Bapt. Assoc'n

58 N.H. 27

• Court: Supreme Court of New Hampshire
• Decided: December 5, 1876
• Status: Published

Opinion

Bingham, J.

The defendants are a corporation located in the state. The statute required the writ to be served by an attested copy. Gen. St., c. 204, ss. 12, 14. A service made by summons is insufficient. Bell v. Somerby, 8 N. H. 64; Foster v. Hadduck, 6 N. H. 217; Hayward v. Hartshorn, 3 N. H. 198.

The writ should have been duly served on the defendants twenty-eight days before the court to which it was returnable. Gen. St., c. 204, s. 1.

The defendants could not be legally notified to answer to the action, as ruled at the trial term. Jones v. Smith, 3 N. H. 108 ; Kendrick v. Kimball, 33 N. H. 484; Nelson v. Swett, 4 N. H. 256; Arnold v. Tourtellot, 13 Pick. 172.

Action dismissed.

Stanley, J., did not sit.