Hanzes v. Flavio
Massachusetts Supreme Judicial Court
Writ of error, issued on April 25, 1916, to the Chief Justice of the Superior Court upon the petition of three and the administrator of the estate of a fourth of those who were named as the defendants in an action of tort begun by a writ dated November 22, 1912, returnable to the Superior Court for the county of Suffolk on the first Monday of February, 1913, in which a judgment for $1,395.31 had been rendered for the plaintiff, one Carmine Flavio, administrator of the estate…
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Writ of error, issued on April 25, 1916, to the Chief Justice of the Superior Court upon the petition of three and the administrator of the estate of a fourth of those who were named as the defendants in an action of tort begun by a writ dated November 22, 1912, returnable to the Superior Court for the county of Suffolk on the first Monday of February, 1913, in which a judgment for $1,395.31 had been rendered for the plaintiff, one Carmine Flavio, administrator of the estate of Emilio Flavio. The four defendants in that judgment were George K. Anastos, Peter Cohtakis (called Contakes in the…
1Opinion of the CourtRugg, C. J.
This is a writ of error to reverse a judgment entered in the Superior Court on April 21, 1914, in favor of the administrator of the estate of Emilio Flavio against four persons named therein as defendants. The grounds of error alleged are (1) that the Superior Court acquired no jurisdiction over the defendants Contakis and Kaleavas, and (2) that Kaleavas died August 6,1913, and his administrator never appeared voluntarily and was not summoned in to defend the action. The case was sent to an audi*327tor, whose general finding was in favor of the plaintiffs on the grounds alleged. The case was then…
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