Brow v. Norton
Massachusetts Supreme Judicial Court
Appeal from an order of the Superior Court, discontinuing an action with costs upon the defendant’s motion to dismiss, which alleged “ that the plaintiff has attached his property to the amount of one thousand dollars; that no declaration and bill of particulars were inserted in her writ; that the defendant demanded a copy of said declaration of the plaintiff, and the plaintiff did not within three days after said demand furnish to the defendant such copy.”
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Appeal from an order of the Superior Court, discontinuing an action with costs upon the defendant’s motion to dismiss, which alleged “ that the plaintiff has attached his property to the amount of one thousand dollars; that no declaration and bill of particulars were inserted in her writ; that the defendant demanded a copy of said declaration of the plaintiff, and the plaintiff did not within three days after said demand furnish to the defendant such copy.” The facts appear in the opinion.
1Opinion of the CourtField, C. J.
The only question of law arising on this appeal is whether the order of the Superior Court was within its power, if that court found the facts to be as alleged in the motion. There can be no doubt that St. 1894, c. 405, confers this power on the court. It is contended that the motion was waived by the filing of an answer. It appears that on April 7,1896, which was Tuesday after the first Monday of April, on which, as we infer, the writ was returnable, the motion was filed, and that afterwards on the 5th day of May an answer was filed, in which it was expressly stated that the defendant did…
2Cited by1 opinion
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