Carey v. Dunne

The only question raised by the record has to do with the interpretation of the Federal Act here involved “insofar as it pertains to requirements of notice under the within agreed statement of facts.” The Municipal Court writ in this action was dated July 26, 1948, and was returnable on August 4, 1948. It thus appears that more than sixty days from May 24,1948, the day upon which the notice was served upon the defendant, had elapsed before the com mencement of the present suit and a fortiori before judgment therein. The local statute (R. L., c. 413, s. 12) authorizes this form of action only…