Supreme Court of New Hampshire, 1876

Sleeper v. Free Bapt. Assoc'n

Sleeper v. Free Bapt. Assoc'n
Supreme Court of New Hampshire · Decided December 5, 1876 · Bingham, Stanley
58 N.H. 27

Sleeper v. Free Bapt. Assoc'n

Opinion of the Court

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.

*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.

Stanley, J., did not sit.

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