Sweeny v. Home Owners' Loan Corp.

This is a suit in equity commenced by an original writ of summons and attachment under G. L. (Ter. Ed.) c. 214, §§ 7, 8. The bill was not “inserted in the *166writ as a declaration was inserted in the writ at common law, but was a separate document filed apparently at the time of the entry of the writ which merely summoned the defendant to appear and answer “in an action of suit in equity.” But no point was made of this matter, and we need not consider it. See Whiting v. Houghton, 228 Mass. 429; Atlantic National Bank of Boston v. Hupp Motor Car Corp. 300 Mass. 196.

On April 10, 1940, the judge…