Cabana v. Conclave
Massachusetts Supreme Judicial Court
Contbact. The writ, issued front the Police Court of Holyoke, described the defendant as a corporation. At the trial in the Superior Court, on appeal, before Dewey, J., it appeared that no written pleadings were required in the Police Court of Holyoke except declarations, and such as the statutes make obligatory, and in this case the defendant filed no written answer of any kind in the police court.
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Contbact. The writ, issued front the Police Court of Holyoke, described the defendant as a corporation. At the trial in the Superior Court, on appeal, before Dewey, J., it appeared that no written pleadings were required in the Police Court of Holyoke except declarations, and such as the statutes make obligatory, and in this case the defendant filed no written answer of any kind in the police court. There was no issue raised in that court as to the defendant’s not being a corporation. On the fifth day after the entry of the case in the Superior Court, the defendant answered by a general…
1Opinion of the CourtAllen, J.
The writ described the defendant as a corporation. By Pub. Sts. c. 167, § 87, when a party is sued as a corporation, such fact shall be taken as admitted unless the defendant files in court, within ten days from the time allowed for answer, a special demand for proof thereof. By § 89, this provision is made applicable to civil actions before police courts. The rules of the Police Court of Holyoke did not require an answer in writing, but the oral pleading was a joinder of issue, and stood in the place of an answer. Wilbur v. Taber, 9 Gray, 361. The statute clearly implies that the special…
2Cited by6 opinions
- Salvato v. DiSILVA TRANSPORTATION CO. INC.Massachusetts Supreme Judicial Court · 1952
- Boutillier v. WesingerMassachusetts Supreme Judicial Court · 1948
- Marden v. Portsmouth, Kittery & York Street RailwaySupreme Judicial Court of Maine · 1905
- Sears v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1943
- A.B.C. Linen Service, Inc. v. Braden-Harvey Corp.Massachusetts District Court, Appellate Division · 1968
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