Hill v. Bookbinder

1. We do not consider whether there was error in overruling the defendant’s demurrer or in denying his motion to dismiss because the defendant failed to comply with the requirement of the last sentence of Rule 72 of the Superior Court, as amended effective October 31, 1969. See also Rule 2 of the Superior Court (1954); Sheinkopf v. Eskin, 367 Mass. 573, 575-576 (1975). 2. It was not error to enter an order of reference to an auditor at a time when the plaintiff had been conditionally nonsuited under the fifth paragraph of Rule 36 of the Superior Court (1954) for failure to answer the…