Ricciardi & Sons Construction, Inc. v. Oman Realty Associates Trust

This is an action on a judgment in which there was a finding for the plaintiff. The plaintiff’s original action was commenced in the Municipal Court of the City of Boston by trustee process, with an ad damnum of 87,500. The writ in the earlier case stated that the action was for “money due under a contract in writing.” The earlier declaration recited a debt “for work and materials . . . according to the account hereto annexed.” The plaintiff filed no bond. See G. L. c. 246, § 1, as amended through St. 1961, c. 158. The trial judge denied the defendant’s motion to dismiss for alleged…