National Casket Co., Inc. v. Montgomery

Heard on plaintiff's bill of exceptions. Defendant was appointed July 22, 1930, administratrix of the estate of Fred L. Montgomery, deceased. Plaintiff's claim was filed in the probate court and was disallowed by one of the creditors of the estate January 27, 1931. By a writ dated July 14 and served on defendant July 25, 1931, plaintiff began an action in assumpsit against the administratrix to recover his claim. Neither the writ nor a declaration was entered in the Superior Court on the return day of the writ, August 10, 1931.

On September 28, 1931, on the motion of plaintiff filed that day,…