Colitz v. Gilbert

Defendant’s executor filed this petition for a writ of certiorari to review the decision of a justice of the Superior Court denying his motion for the entry of judgment and granting plaintiff’s motion for permission to file an amended declaration. The writ was issued and the records and papers in the case have been certified to this court.

The facts necessary to be stated to determine the rights of the parties are as follows: In December, 1923, plaintiff commenced an action of trespass on the case against defendant for negligence in the practice of dentistry. The declaration contained eight…