Crouse
Crouse v. Superior Court
Opinion
lead Opinion
Shaw, J.
Prohibition. It appears that petitioner was a party defendant duly served with summons in a certain action to foreclose a mortgage given upon chattels, some of which were at the time in her possession. She made no appearance, and judgment was entered against her by default. A receiver duly appointed under an order of the court, was instructed to take into his custody the mortgaged chattels, and thereupon he made demand upon petitioner that she deliver to him two pairs of andirons, which were included in the mortgage, with which demand so made she refused to comply. Thereupon the receiver procured from the court an order citing petitioner to appear in court at a time therein specified and show cause why she should not be punished for contempt for such disobedience. This order was not served upon petitioner, but upon one J. S. Josselyn, Esquire, who, though he was not her attorney of record, nevertheless accepted service thereof in her behalf. It may be conceded, as claimed by petitioner, that the purported acceptance of service of the order by this attorney, who, so far as shown by the record, was at the time a stranger thereto, was a nullity and constituted no sufficient basis for…