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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. *Page 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.
Document Info
Judges: Bingham, Stanley
Filed Date: 12/5/1876
Precedential Status: Precedential
Modified Date: 9/26/2023