Senay v. Meehan

In determining whether the judge erred in allowing the defendants’ *855motion under Mass.R.Civ.P. 12(b)(6), 365 Mass. 755 (1974), we confine our consideration to the questions which were raised and passed upon below, as disclosed by the stated grounds of the motion and the opposing memoranda of law which were submitted to the motion judge (all of which have been reproduced in the plaintiff’s appendix). Compare John B. Deary, Inc. v. Crane, 4 Mass. App. Ct. 719, 724 (1976). 1. The question of a possible misjoinder of parties cannot be raised by a motion filed under Rule 12(b) (6); in any event,…