Racine v. Woodard

This is an action of contract commenced by trustee writ, dated December 1, 1967, and returnable to the First District Court of Eastern Middlesex, December 18, 1967, in which the plaintiff seeks to recover monies owed for work, labor and materials on an account annexed in the amount of $83.53. The ad damnum of the writ is $300. The alleged trustee was served with process on December 4, 1967.

The trustee filed its answer under oath asserting at the time of the service of the writ upon it, its books disclosed a sum of $217.54 owing to one E. D. Kaulback & Son.

*162Thereafter, on December 26, 1967, the…