Public-domain · open source
OpenJurist

66 N.H. 270

20 A 331

Pendexter v. Cate

Supreme Court of New Hampshire

Decided June 5, 1890

Supreme Court of New Hampshire · decided 1890-06-05

Debt, on a judgment recovered in Maine by the plaintiffs •against the defendant Cate, in 1871, upon default. The officer’s return of service on the original writ was, “ I made service on the within named defendant by delivering a summons in hand for his appearance at court.” The defendant objected that the return did •not show that the summons was given by the officer to the defendant in hand, as required by the Maine Revised Statutes.

Relies on Fowler v. Brooks · Lawrence v. Smith · McDonald v. Drew

Good law ✅— No negative treatment on recordhow we know

Decided 1890-06-05

How this case has been cited

Cited by 3 later decisions — most recently January 1945

1 district · 2 state decisions

10189019001910192019301940decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Clark, J.

¶1 The return of the officer that he “ made service on the within named defendant by delivering a summons in hand for his appearance at court ” was sufficient. It cannot, by any reasonable interpretation, be construed to mean a delivery in hand to .any other person than the defendant.

¶2 As the court had jurisdiction of the subject-matter of the case and of the person of the defendant, the record is incontrovertible, and the judgment cannot be inquired into in this suit. Lawrence v. Smith, 45 N. H. 533, 537; Fowler v. Brooks, 64 N. H. 423; McDonald v. Drew, 64 N. H. 547.

¶3 Judgment for the plaintiffs.

Bingham, J., did not sit: the others concurred.
/66/nh/270 · .json · Public domain