Buono v. Nardella

This action of contract commenced by trustee process was dismissed on motion of the defendants on March 24, 1960, for failure to file a bond as required by G. L. c. 246, § 1 (as amended through St. 1943, c. 17, § l). This statute requires that a bond to pay costs shall be filed with the clerk of the court before making service on a. trustee where the ad damnum of the writ exceeds $1,000 “except in the case of a writ which contains a statement that the action is upon a judgment or in contract for personal services or for goods sold and delivered or for money due under a contract in writing . .…