# Estey v. Director of the Division of Employment Security

> Massachusetts Supreme Judicial Court · March 6, 1959 · 338 Mass. 797

URL: https://www.frixlaw.com/law-library/cases/6446959

## Case

- **Full name:** Alice M. Estey v. Director of the Division of Employment Security & another
- **Court:** Massachusetts Supreme Judicial Court
- **Decided:** March 6, 1959
- **Citations:** 338 Mass. 797; 156 N.E.2d 695; 1959 Mass. LEXIS 902
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 7 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6446959

## Opinion text

Order sustaining answer in abatement and plea in abatement affirmed. This is an appeal by the petitioner from an order of *798 the District Court sustaining an answer in abatement and a plea in abatement filed by the respondents to a petition for review under G. L. c. 151A, § 42, of an adverse decision of the board of review of the division of employment security. A copy of the petition and a copy of the order of notice were mailed to the director but no copy of either was given to him for transmission to the other respondent, but a copy of each was given to the other respondent by the petitioner. One respondent filed a plea in abatement and the other an answer in abatement. Both were properly sustained. This method of service did not comply with § 42. One purpose of § 42 in respect to service by the director is to put to rest any question of service without reliance upon the say-so of the individual who commenced the proceeding. See Kravitz v. Director of the Division of Employment Security, 326 Mass. 419 .
John O’Brien, for the petitioner.
Phillip Lemelman, Assistant Attorney General, (Israel L. Cohen with him,) for the director of the division of employment security.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6446959. Public record. Not legal advice.