Nichols v. King

The question involved is, whether or not the plaintiff has a right to sue out her summons first and file her declaration later, as provided by the general law of this State or whether she must file her declaration when she sues out her summons according to the provisions of Chapter 430 of the Private Acts of 1917.

The plaintiff in error sued out her summons on July 5, 1949, and it was served that day on the defendant in error and was returnable to the first Monday in August, 1949. On July 22, 1949, and before any steps had been taken in the suit by the defendant in error, the plaintiff in…