Adams v. Weeks
Massachusetts Supreme Judicial Court
Contract, to enforce liens for labor performed under Pub. Sts. c. 112, §§ 143-147. The cases were submitted to the Superior Court and, after judgments for the plaintiffs, to this court, on appeal, upon agreed facts, in substance as follows.
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Contract, to enforce liens for labor performed under Pub. Sts. c. 112, §§ 143-147. The cases were submitted to the Superior Court and, after judgments for the plaintiffs, to this court, on appeal, upon agreed facts, in substance as follows. The writs bore date August 17, 1895, and were returnable to the Superior Court for the County of Nantucket on the first Monday of September, 1895. On July 7, 1896, the plaintiffs, by leave of court, amended their writs and declarations by substituting Delmont L. Weeks as the defendant for the Nantucket Central Railroad Company. Weeks was the owner of the…
1Opinion of the CourtHammond, J.
The only question raised by the defendant is whether the Superior Court had the power to allow the amendment substituting Weeks as the defendant in place of the Nantucket Central Railroad Company. We think the court had the power.
Each plaintiff had a claim against the owner of the railroad as such, for labor upon the railroad, and each sought to maintain his claim by a suit against the owner. It happened that they were mistaken as to who was the owner, and upon discovering the mistake they asked to amend by substituting the name of the real owner for the party they had supposed to be the…
2Cases cited1 opinion
- Winch v. HosmerMassachusetts Supreme Judicial Court · 1877
3Cited by8 opinions
- Chandler v. DunlopMassachusetts Supreme Judicial Court · 1942
- McLaughlin v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1904
- Herlihy v. LittleMassachusetts Supreme Judicial Court · 1908
- Cogswell v. HallMassachusetts Supreme Judicial Court · 1904
- King v. HowesMassachusetts Supreme Judicial Court · 1902
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