¶1There being no effectual attachment of the defendant’s property, and he not having any last and usual place of abode within the Commonwealth, the court has no jurisdiction of the action, and it must'be dismissed. Rev. Sts. c. 90 $ 44. Exceptions overruled.
79 Mass. 271
Burlingham v. Cole
Massachusetts Supreme Judicial Court
Decided September 15, 1859
Massachusetts Supreme Judicial Court · decided 1859-09-15
Trustee process. The defendant was described in the writ as of Davenport in the State of Iowa, and as late of Cheshire in this county. The only service of the writ was upon the alleged trustees, who resided in this county; and the officer returned that he had made diligent search for the defendant and his last and usual place of abode, but could find neither within his precinct. In the court of common pleas, the trustees were discharged by agreement with the plaintiff.
Decided 1859-09-15