Mede v. Colbert

This is a petition to vacate a judgment of dismissal under Rule 85 of the Superior Court (1954) in an action of contract on a promissory note in which the petitioner was the plaintiff and the respondent’s testate, Paul Bowser, was the defendant. There was no answer to the petition, and none was required in a proceeding brought, as was this, pursuant to G. L. (Ter. Ed.) c. 250, § 15. Thomajanian v. Odabshian, 272 Mass. 19, 23. Lynch v. Springfield Safe Deposit & Trust Co. 300 Mass. 14, 15. The petition was heard upon unsworn statements of counsel for each party. These must be taken to…