Rothstein v. Commissioner of Banks

This is a bill in equity. The defendant filed what is termed a “Motion to Dismiss.” There is in this Commonwealth no such pleading known to equity practice as a motion to dismiss. Noyes v. Bragg, 220 Mass. 106, 110. Wickwire Spencer Steel Carp. v. United States Spring Co. 247 Mass. 565, 568. Nelson Theatre Co. v. Nelson, 216 Mass. 30, 32. It is provided by G. L. c. 214, § 13: “A defence to a suit in equity shall be made by demurrer, plea or answer.” The practice thus established is recognized and followed in Equity Rules 5, 7 (1926). This is in conformity with general rules of pleading in…