Kibbe v. Benson

Citations

• 84 U.S. 624
• 21 L. Ed. 741
• 17 Wall. 624
• 1873 U.S. LEXIS 1407

Syllabus

<p>1. Under a statute which requires that in actions of ejectment where the . ’ premises are actually occupied, the declaration shall he served by delivering a copy thereof ... to the defendant named therein, who shall be in the occupancy of the premises, or if he be absent by leaving the same with some white person of the family, of the age of ten years or upwards, “at the dwelling-house of such defendant;’’, a leaving of the declaration with such a white person of the family when he is at a distance of one hundred and twenty-five feet from the house and in a corner of the yard of the house, is not a compliance with the requirement of the statute.</p> <p>%■ judgment obtained by default, on such a service, the defendant not having had actual notice of what was done, and averring a good title in himself, set aside on hill in equity.</p>