Legal Opinion
Farber v. Lubin
Massachusetts Supreme Judicial Court
Decided March 6, 1951PublishedCited by 19 opinions
1Opinion of the CourtWilkins, J.
This is an action of contract commenced by trustee process against Max Lubin, Hyman Davis, and a bank as trustee, of the defendant Lubin. The defendant Lubin, appearing specially, filed a motion to dismiss, one of the grounds of which is failure to conform to G. L. (Ter. Ed.) c. 246, § 1, as amended. The motion was allowed, and the plaintiff appealed.
A motion to dismiss is a proper form of pleading in actians at law to raise a question of law apparent on the record. Want of proper service apparent on the record may be raised on such a motion. Paraboschi v. Shaw, 258 Mass. 531, 532. Tyler v.…
2Cases cited6 opinions
- Paraboschi v. ShawMassachusetts Supreme Judicial Court · 1927
- Chandler v. DunlopMassachusetts Supreme Judicial Court · 1942
- Tyler v. Boot & Shoe Workers UnionMassachusetts Supreme Judicial Court · 1933
- Summers v. Boston Safe Deposit & Trust Co.Massachusetts Supreme Judicial Court · 1938
- Graustein v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1939
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Nissan Motor Corp. in U.S.A. v. Commissioner of RevenueMassachusetts Supreme Judicial Court · 1990
- Buono v. NardellaMassachusetts Supreme Judicial Court · 1962
- Bean v. 399 Boylston Street, Inc.Massachusetts Supreme Judicial Court · 1957
- Redfield v. Abbott Shoe Co.Massachusetts Supreme Judicial Court · 1957
- Tennessee Plastics, Inc. v. New England Electric Heating Co.Massachusetts Supreme Judicial Court · 1963
14 more not listed; retrieve them via the Exa API.