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9 Mass. 422

Smith v. Smith

Massachusetts Supreme Judicial Court

Decided November 15, 1812

Massachusetts Supreme Judicial Court · decided 1812-11-15

This was a libel for a divorce a vinculo, for the cause of adultery, and having been duly filed in the clerk’s office, a summons had issued, which an officer returned that he had served by reading the libel and summons to the said Elizabeth.

Decided 1812-11-15

By the Court.

¶1The statute (1785, c. 69, <§> 8) expressly prescribes that the service shall be made by serving the party with an attested copy of the libel, and with a summons to appear, &c The libel is dismissed for want of legal service.

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