FARLEY v. SPRAGUE


374 Mass. 419 (1978)

372 N.E.2d 1298

STEPHEN H. FARLEY vs. P. SHAW SPRAGUE.

Supreme Judicial Court of Massachusetts, Middlesex.

February 16, 1978.


Attorney(s) appearing for the Case

Thayer Fremont-Smith (John W. Burgess with him) for the defendant.

Edward F. Novick for the plaintiff.

Present: HENNESSEY, C.J., KAPLAN, LIACOS, & ABRAMS, JJ.


QUIRICO, J.

This is an appeal from the denial of the defendant's motion under Mass. R. Civ. P. 60 (b), 365 Mass. 828 (1974), to vacate a default judgment obtained against him by the plaintiff in the Superior Court. The defendant challenges the action of the Superior Court judge in denying the motion and argues that because he was not a resident of this Commonwealth and the attempted service of process on him was improper the court acquired no jurisdiction over him...

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