Marandola v. Hillcrest Builders, Inc.

This is an appeal from the entry of a summary judgment by a superior court justice.

On October 15, 1965 plaintiffs, wlm are husband and wife, issued their writ of attachment in an action of assumpsit against the defendant corporation to recover the balance allegedly due on a promissory note which had been given by defendant in consideration of a conveyance to it of land owned :by plaintiffs. This action was commenced prior to January 10, 1966, the date on which the new Rules of Civil Procedure became effective and was docketed in the superior court as civil action 186955. For the sake of…