109 Mass. 216 | Mass. | 1872
The plaintiffs contend that the service of the notice was not sufficient. The notice was served upon the attorney of the plaintiffs, he and the plaintiffs severally having their residence and places of business in the county of Middlesex. We think this service was sufficient under the Gen. Sts. c. 124, § 13.
The plaintiffs also contend that the notice is insufficient in form because it does not state with certainty the time appointed for the examination of the debtor. The notice is dated August 30,1870, and states that “ the third day of September at one of the clock in the afternoon ” is appointed as the time for the examination. The word “ next ” is omitted, probably by accident, after the word “ September.”
The strict rules which govern pleadings in criminal cases ought not to be applied to notices of this kind. The creditor is entitled to be informed with reasonable certainty of the time and place fixed for the examination. But if the notice served upon him is in such terms that every person of common understanding, in the
Judgment for the defendants.
“ The notice shall be served by any officer qualified to serve civil process, by giving to the plaintiff or creditor, his agent or attorney, an attested copy