Sleeper v. Free Bapt. Assoc'n
Supreme Court of New Hampshire
Sleeper v. Free Bapt. Assoc'n, 58 N.H. 27 (N.H. 1876)
Bingham, Stanley
Sleeper v. Free Bapt. Assoc'n
Opinion of the Court
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.
*28 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.
Reference
- Full Case Name
- Sleeper v. the Free Baptist Association.
- Cited By
- 1 case
- Status
- Published