O'Brien v. McManama

By the Court.

Motion to amend the writ in this action of contract by changing its date from September 2, 1931, to August 3, 1931, was denied by the trial judge for the sole reason that he had no power to allow it.

These facts are set out in the bill of exceptions: The defendants were appointed executors of the testator on August 21,1930. The plaintiff sued out a writ against them on August 3, 1931, and caused an attachment of real estate in Plymouth County to be made on August 13, 1931. Later it was discovered that that attachment was void. Instead of using the same writ for service upon the…