Rowell v. Kaplan

This bill in equity was commenced prior to the January 10, 1966 effective date of the superior court’s new rules of civil procedure and subsequent to that date was tried on its merits to a justice of that court sitting without a jury. The case, although commenced as a bill in equity, was heard on a complaint which had been amended in an attempt to make it conform to the new rules. At the conclusion of the presentation of the plaintiff’s evidence, the defendants, without either resting or waiving their right to offer evidence in the event their motion was denied, jointly moved that the…