286 Mass. 343 | Mass. | 1934
These are five actions brought against the Columbia River Packers Association. In the writ in each case the defendant is described as “a corporation duly organized under the laws of Oregon and having a usual place of business in Boston, State of Massachusetts.” The sheriff’s return, dated at Boston, was identical in all the cases and so far as material was in these words: “By virtue of this writ, I this day attached a chip as the property of the within named defendant corporation Columbia River Packers Association and afterwards on the same day summoned it to appear and answer at Court as within directed by delivering to J. E. Ames Treasurer of Charles A. Baldwin & Company said to be the agent for Columbia River Packers Association summons together with an attested copy of this writ. Said service was made in this manner by direction of the plaintiff’s attorney.” In each case the defendant, appearing specially for that purpose only and without submitting otherwise to the jurisdiction of the court, moved that the action be dismissed because no sufficient service of the writ had been made on the defendant for the reason that it did not appear that the one upon whom the writ was served was the agent or other officer of the defendant in charge of its business. The motion was allowed in each case. Plainly that was required by law. The service was insufficient. Reynolds v. Missouri, Kansas & Texas Railway, 224 Mass. 253, 254. United Drug Co. v. Cordley & Hayes, 239 Mass. 334, 337.
Thereafter the plaintiff in each case filed a motion that an order of notice be issued for further service. This motion was denied and the plaintiffs excepted. No evidence or further facts are stated in the exceptions. This motion is manifestly framed under G. L. (Ter. Ed.) c. 223, § 84. Whether further process shall issue under that section is within the discretion of the judge, to the exercise of which no exception lies. Baker v. Copeland, 140 Mass. 342.
The plaintiffs rely upon G. L. (Ter. Ed.) c. 227, § 7: “If a defendant in an action in the supreme judicial or superior court is absent from the commonwealth or his residence is unknown to the officer serving the writ, and no
In each case the entry may be
Exceptions overruled.