Burnham v. MacWhinnie

In this action of replevin of a motor truck the plaintiff gave bond as required by G-. L. (Ter. Ed.) c. 247, § 8, and took possession. The case was entered on August 5, 1963, and was marked for trial on August 13, 1963. On the latter date the defendant and his counsel went to the court house. The plaintiff, appearing pro se, filed a motion to discontinue before 9 a.m. The defendant’s counsel learned this, and seeing the plaintiff outside the court house, informed the plaintiff that he was to move that the motion be disallowed, and that the plaintiff should go to the court room. There the…