Noyes v. Shanahan

This action of tort was brought by the plain- ■ tiff’s intestate, hereinafter called the plaintiff, in his lifetime, in two counts. Count 1 is headed “Illegal Eviction.” Count 2 is headed “Abuse of Process. ” These headings correctly describe the two counts, which are no broader in their scope than their titles indicate. We deal with the case as involving only “eviction” and “abuse of process.” The plaintiff further alleges that both counts are for the same cause of action, and that he relies on the emergency price control act of 1942 as amended and the regulations thereunder. The trial judge…