Atlantic National Bank v. Hupp Motor Car Corp.

On April 11, 1935, the plaintiff entered in the Superior Court the bill together with a writ in which the bill was not “inserted” as a declaration was inserted *197in the writ at common law (Whiting v. Houghton, 228 Mass. 429; G. L. [Ter. Ed.] c. 214, §§ 7; 8), although the writ commanded the sheriff to summon the defendants to appear and answer to the plaintiff “in a bill in equity.” But no point was made of that matter. Instead, the defendant Hupp Motor Car Corporation, a Virginia corporation (hereinafter called the defendant), unsuccessfully attacked the service upon its agent in this…