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· 4/21/1904

Mason v. Connors

Citations

  • 129 F. 831
  • 1904 U.S. App. LEXIS 4777

Syllabus

<p>1. Process — Service on Nonresident — Vermont Statute.</p> <p>The statutes of Verpiont do not authorize service of summons on nonresident defendants by leaving copies thereof with a codefendant who is served within the state, where there is no attachment of property or credits.</p> <p>2. Same — Nonresident Temporarily in State.</p> <p>Under the laws of Vermont, personal service of summons on a defendant within the state gives the court jurisdiction to render a personal judgment against him, although he is a nonresident, and was only temporarily within the state, unless his presence there was for a purpose which rendered him privileged.</p> <p>3. Parties — Action against Partners — Service on Single Defendant.</p> <p>The fact that a summons describes the defendants named therein as “partners” will not prevent the action from proceeding against one, who alone was served, where the declaration does not show a joint cause of action.</p> <p>Y 2. See Process, vol. 40, Cent. Dig. § 70.</p>

Judges: Wheeler

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