Guarino v. Russo
Massachusetts Supreme Judicial Court
Tort, the original declaration containing four counts, the first two counts being for conversion of money, the third count for false arrest and the fourth for malicious use of civil process.
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Tort, the original declaration containing four counts, the first two counts being for conversion of money, the third count for false arrest and the fourth for malicious use of civil process. Writ of trustee process dated March 19, 1908. In the Superior Court the case was tried before Fessenden, J. After the trial had begun, the presiding judge, subject to exceptions by the defendant, allowed a motion by the plaintiff to amend his writ from a writ of trustee process into a writ of summons and attachment, and thereafter allowed another motion of the plaintiff to add to his declaration a fifth…
1Opinion of the CourtRugg, C. J.
The decisive question presented in this case is whether an action of tort begun by trustee process can be amended by striking out the portions of the writ which make it trustee process, so as to enable it to be maintained for malicious prosecution. The determination involves a construction of statutes. There is no inherent or constitutional reason why such amendments cannot be allowed. The only inquiry is whether the Legislature permits such amendments.
R. L. c. 189, § 1, provides that "all personal actions, except actions of tort for malicious prosecution, for slander or libel or for assault…
2Cases cited3 opinions
- Hall v. HallMassachusetts Supreme Judicial Court · 1908
- Tracy v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1910
- Church v. PhillipsMassachusetts Supreme Judicial Court · 1893
3Cited by9 opinions
- Bengar v. Clark Equipment Co.Massachusetts Supreme Judicial Court · 1988
- Shapiro v. McCarthyMassachusetts Supreme Judicial Court · 1932
- Attorney General v. HenryMassachusetts Supreme Judicial Court · 1928
- Poorvu v. WeisbergMassachusetts Supreme Judicial Court · 1934
- Buono v. NardellaMassachusetts Supreme Judicial Court · 1962
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