The service of a writ on a corporations such as is described in Gen. St., c. 204, s. 12, should be made by copy, twenty-eight days before the sitting of the court to which it is returnable; and if made by summons, the action will be dismissed.
BINGHAM, J.
The defendants are a corporation located in the state. The statute required the writ to be served by an attested copy. Gen. St., c. 204, ss. 12, 14. A service made by summons is insufficient. Bell v. Somerby, 8 N.H. 64; Foster v. Hadduck, 6 N.H. 217; Hayward v. Hartshorn, 3 N.H. 198.
The writ should have been duly served on the defendants twenty-eight days before the court to which it was returnable. Gen. St., c. 204, s. 1.
The defendants could not be legally notified to answer to the action, as ruled at the trial term. Jones v. Smith, 3 N.H. 108; Kendrick v. Kimball, 33 N.H. 484; Nelson v. Swett, 4 N.H. 256; Arnold v. Tourtellot, 13 Pick. 172.
Action dismissed.
STANLEY, J., did not sit.