ADAMS v. SULLIVAN

Nos. 5868, 5953.

110 N.H. 101 (1970)

EVERETT ADAMS v. DANIEL J. SULLIVAN. EVERETT ADAMS v. DANIEL J. SULLIVAN.

Supreme Court of New Hampshire.

January 30, 1970.


Attorney(s) appearing for the Case

Lincoln, Edwards & Mazerolle (Mr. Charles J. Lincoln orally), for the plaintiff.

Clancy & O'Neill, for the deputy sheriff as intervenor, filed no brief.

Sullivan, Gregg & Horton and Sweeney & Sweeney (Mr. James L. Sullivan orally), for the defendant.


KENISON, C. J.

The issues raised in these malpractice actions are whether a sheriff's return of process is conclusive, whether service was in compliance with the statute (RSA 510:2) and whether the statute (RSA 508:10) permitting a new action within one year after judgment, applies to a suit dismissed for defective service of process.

The first malpractice action was instituted by a writ dated January 11, 1968 and the sheriff's return of service on January...

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