Proctor v. Moran
Massachusetts Supreme Judicial Court
Summary process under R. L. c. 181, for the possession of certain premises, consisting of two large rooms on the first floor and the basement of No. 195 Hampden Street in Boston.
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Summary process under R. L. c. 181, for the possession of certain premises, consisting of two large rooms on the first floor and the basement of No. 195 Hampden Street in Boston. Writ in the Municipal Court of the Roxbury District of the City of Boston dated December 2, 1911. The answer set up as a bar the pendency of the former action which is mentioned in the opinion, such former action having been brought under the same statute in the same municipal court on May 9,1911, the plaintiff having obtained a judgment for possession and the defendant having appealed to the Superior Court and…
1Opinion of the CourtSheldon, J.
It was contended by the plaintiff and conceded by the defendant that the latter’s only right to the premises was under the lease given to him by the plaintiff, which was in evidence; that he had paid no rent under this lease since a time before May 9, 1911, and that the plaintiff on November 2, 1911, had served upon him a notice to quit and deliver up the leased premises in fourteen days from that date. He paid no rent after that date. These facts entitled the plaintiff to recover unless some affirmative -defense was shown. R. L. c. 129, § 11; c. 181, § 1.
The defendant has not disputed what…
2Cited by3 opinions
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