Hutchins v. Del Rosso, No. 6498
| Court | Supreme Court of New Hampshire |
| Writing for the Court | LAMPRON |
| Citation | 365 A.2d 127,116 N.H. 421 |
| Parties | Lyford HUTCHINS v. Eugenia R. DEL ROSSO. |
| Decision Date | 30 July 1976 |
| Docket Number | No. 6498 |
Page 127
v.
Eugenia R. DEL ROSSO.
Page 128
Lyford Hutchins, by brief and orally, pro se.
Phillips & Grillo, Haverhill, Mass., and Ira H. Shinberg, Haverhill, Mass., Herbert P. Phillips, Haverhill, Mass., orally, for defendant.
LAMPRON, Justice.
The main issue is whether personal jurisdiction was obtained over Eugenia R. Del Rosso so that her personal assets will by subject to execution to satisfy the money judgment of $4,897.78 rendered by the court.
Plaintiff instituted a possessory action under RSA ch. 540 returnable in the Ossipee District Court at the September 1966 term to recover possession of certain premises in Effingham known as the 'Drake Mill Lot.' On a plea of title by the defendant, Angelo Del Rosso, the action was transferred to the superior court. Angelo died April 20, 1967, and his widow, Eugenia, a resident of [116 N.H. 422] Haverhill, Massachusetts, the sole devisee under her husband's will, was appointed executrix thereof in that Commonwealth on June 16, 1967.
On or about February 1, 1968, plaintiff filed a 'Motion to Join Administrator and for Confession of Judgment.' One of its prayers was the following: 'B. That said legal representative of his estate, if any, be ordered to appear and assume the defense of this action.' This motion was granted by Bownes, J., on June 18, 1968.
However, on April 19, 1968, plaintiff filed another motion entitled 'Suggestion of Death and Motion to Join Executrix and Devisee.' It contained the following prayer: '1. That the Honorable Court order that the said Eugenia R. Del Rosso, both in her capacity as executrix of the estate of Angelo Del Rosso, and in her personal capacity as devisee and successor in interest, to come in and defend this action and be bound by the outcome.' Plaintiff also sought an order of notice in accordance with the prayer to be served on Eugenia by certified mail, return receipt, at 12 Maple Avenue, Haverhill, Massachusetts. This motion was granted by Flynn, J., on May 8, 1968. Such an order of notice was issued on May 9, 1968, and a receipt of notice by certified mail was signed by Eugenia on May 17, 1968. An appearance card dated the same day was filed by Thomas S. Allison, Jr., Esq., as counsel for 'Eugena (sic) R. Del Rosso, Executrix of the Estate of Angelo Del Rosso.'
On August 23, 1968, plaintiff filed a motion seeking the issuance of a writ of possession and the assessment of damages. The writ of possession was granted by Dunfey, J., on September 11, 1968. There was evidence that, at the request of the presiding justice, the clerk telephoned Attorney Allison to inform him of a hearing on the next day, September 12, 1968, on the assessment of damages. Neither he nor the defendant attended the hearing. After receiving testimony, the court granted damages under RSA 540:23 in the sum of $4,897.18. They included $3,850 for loss of rents from December 1, 1966 to September 1, 1968; $150 for purging the soil of pollution; and $380 for removal of the 'Del Rosso Camp.' Judgment was entered October, 1, 1968. Plaintiff sought a
Page 129
certification of the records which was issued by the clerk of court under the...To continue reading
Request your trial
-
South Down Recreation Ass'n v. Moran, No. 95-372
...Proper service of process is a necessary prerequisite to obtaining jurisdiction over an out-of-state defendant. Hutchins v. Del Rosso, 116 N.H. 421, 423, 365 A.2d 127, 129 (1976). If personal service is not effected within the boundaries of the State, see RSA 510:2, "jurisdiction over a non......
-
Williams v. Williams, No. 80-260
...be obtained if the legislature has provided another method of service of process." (Citations omitted.) Hutchins Page 1319 v. Del Rosso, 116 N.H. 421, 423, 365 A.2d 127, 129 The defendant argues that New Hampshire has no statute that provides for in personam jurisdiction over nonresident de......
-
Brodowski v. Supowitz, No. 81-447
...any argument relating to service of process. See Clark v. Bradstreet, 99 N.H. 55, 58, 104 A.2d 739, 741 (1954); cf. Hutchins v. Del Rosso, 116 N.H. 421, 424, 365 A.2d 127, 130 Affirmed. All concurred. ...
-
South Down Recreation Ass'n v. Moran, No. 95-372
...Proper service of process is a necessary prerequisite to obtaining jurisdiction over an out-of-state defendant. Hutchins v. Del Rosso, 116 N.H. 421, 423, 365 A.2d 127, 129 (1976). If personal service is not effected within the boundaries of the State, see RSA 510:2, "jurisdiction over a non......
-
Williams v. Williams, No. 80-260
...be obtained if the legislature has provided another method of service of process." (Citations omitted.) Hutchins Page 1319 v. Del Rosso, 116 N.H. 421, 423, 365 A.2d 127, 129 The defendant argues that New Hampshire has no statute that provides for in personam jurisdiction over nonresident de......
-
Brodowski v. Supowitz, No. 81-447
...any argument relating to service of process. See Clark v. Bradstreet, 99 N.H. 55, 58, 104 A.2d 739, 741 (1954); cf. Hutchins v. Del Rosso, 116 N.H. 421, 424, 365 A.2d 127, 130 Affirmed. All concurred. ...