Blair v. City of Worcester

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the defendant’s affidavits were sufficient to rebut the prima facie presumption created by a return of service
• concluding that no additional service was required when the original, properly served complaint and the amended, improperly served complaint were “substantively identical”
• concluding that dismissal for insufficient service of process not warranted where circumstantial evidence gave rise to inference that defendant police officers had previously authorized another officer to act as their agent for purpose of service
• stating that, when a defendant effectively rebuts the presumption of proper service, “the ultimate burden of proving proper service return[s] to the plaintiffs”
• collecting cases for the proposition that an affidavit denying agency may be sufficient to overcome any presumption of proper service created by returns of service
• finding presumption of service was overcome by affidavit stating parties who received service were not authorized to accept service on behalf of defendant

Source: CourtListener parenthetical corpus (CC0).