Fowler v. Mosher

Citations

• 85 Va. 421
• 7 S.E. 542
• 1888 Va. LEXIS 50

Syllabus

<p>1. Notices—Mode of service—Waiver—Queere.—By § 3207, Code 1887, providing that notices may be served by delivering copy to “ a member of the family ” of the person to be notified.</p> <p>Held :</p> <p>Delivery to “ a mere boarder, a stranger to his blood,” is not sufficient; and appearing and contesting validity of service is no waiver of defect of notice.</p> <p>Quesre whether delivery to a servant of person to be notified is sufficient service.</p> <p>2. Idem—Return—Home—Place of abode.—By $ 3207, Code 1887, return stating that person to be notified was “ not at home ” ;</p> <p>Held:</p> <p>Sufficient to authorize service upon member of his family.</p> <p>3. Special Term—What tried at.—By ■§ 3262, Code 1887, providing that any cause ready for hearing may, with consent of parties, be heard;</p> <p>Held:</p> <p>The court cannot, at such term, without such consent, hear demurrer to bill or dissolve injunction.</p>