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4 W. Va. 538

Lewis v. Botkin

West Virginia Supreme Court

Decided January 15, 1871

West Virginia Supreme Court · decided 1871-01-15

<p>A return stating that service was made by posting an office copy on the front door of the defendant’s “residence,” is defective, because the statute requires service to he at the “usual place of abode.”</p>

Cited by 1 later decisions — most recently December 1903

Good law ✅— No negative treatment on recordhow we know

Decided 1871-01-15

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Maxwell, J.

¶1This case, in its facts, is like the case of Lewis v. Beniah Botkin, just disposed of, except that in the return of the officer the words “their residences” are used, instead of “their dwelling houses,” as in that.

¶2Residence is a much more indefinite term than dwelling house.

¶3The judgment in this case ought to be reversed at the costs of the defendant in error, for the failure of the court below to quash the return of the officer as to the defendant Lewis; and this court, - proceeding to enter such judgment as the court below ought to have rendered, should quash the return of the officer and remand the case to the court below, to be further proceed in at rules.

The other judges concurred.

¶4Judgment reversed.

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