General Stay Co. v. Oxford-Hopkins Co.

The defendant (Oxford) appeals from an order allowing the plaintiff’s (General Stay) petition to vacate a judgment of the Superior Court (G. L. c. 250, § 15, as in effect prior to St. 1973, c. 1114, § 296). In the original proceedings, General Stay had commenced an action of tort against Oxford by trustee process and filed a bond pursuant to G. L. c. 246, § 1 (as in effect prior to St. 1973, c. 1114, § 259). A judge of the Superior Court granted Oxford’s motion for a directed verdict, after which Oxford filed a “motion for assessment of costs and damages.” After a hearing on the motion, with…