Roth v. Way & Raymond

By the Court,

In actions commenced without writ, the filing and service of a declaration is in the natQre of process to bring the defendant into court, and the court always has power to see that its process is not abused. The defendants have been irregularly served with process purporting to issue out of this court, and it was not necessary for them to wait for a judgment or default before moving to set the proceedings aside.

Motion granted.