Burrows v. Morton
Massachusetts Supreme Judicial Court
Appeal, from the order of a judge of the Superior Court, allowing the defendant’s motion to dismiss for want of proper service upon him. The facts appear in the opinion.
1Opinion of the CourtAllen, J.
A motion to dismiss was allowed in the Superior Court, and judgment was ordered for the defendant. The plaintiff having appealed to this court, the first question for us to consider is whether we have power to revise the action of the Superior Court. By Pub. Sts. c. 152, § 10, and c. 153, § 8, the decision of that court upon a motion to dismiss for defect of form of process is final, and no appeal lies. The ground of the dismissal of the action was as follows. The action was originally brought in the Municipal Court of the city of Boston. Both the plaintiff and tire defendant were residents…
2Cases cited4 opinions
- Allin v. Connecticut River Lumber Co.Massachusetts Supreme Judicial Court · 1890
- Kimball v. SweetMassachusetts Supreme Judicial Court · 1897
- Young v. Providence & Stonington Steamship Co.Massachusetts Supreme Judicial Court · 1890
- Bassett v. HoworthMassachusetts Supreme Judicial Court · 1870
3Cited by2 opinions
- Miller v. AldrichMassachusetts Supreme Judicial Court · 1909
- Fenton v. KaneMassachusetts Supreme Judicial Court · 1904