Emerson v. Dubois

In this case, the appellant seeks judicial review of the trial judge’s denial of her Rule 60 motion for relief from judgment.

Succinctly stated, the plaintiff, Irene Dwyer Emerson, brought a summary process action against the defendant, Pine DuBois, on October 27, 1986, seeking to recover possession of premises leased under a written instrument that had, by its terms, expired. The defendant’s answer advanced various defenses and counterclaims.

The parties had executed a stipulation on November 20,1986, relative to the disposition of the summary process action, but at no time was it filed as…