Lambert v. Aronson
Massachusetts Supreme Judicial Court
Contract, with a declaration in two counts, the first count being based upon an alleged breach of an agreement of employment of the plaintiff by the defendant, and the second count being upon an account annexed. The counts were stated to be for the same cause of action and claimed damages in the sum of $3,009.30. Writ dated January 3, 1920. The motion to amend the writ and the defendant’s motion to abate the writ and dismiss the action are described in the opinion.
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Contract, with a declaration in two counts, the first count being based upon an alleged breach of an agreement of employment of the plaintiff by the defendant, and the second count being upon an account annexed. The counts were stated to be for the same cause of action and claimed damages in the sum of $3,009.30. Writ dated January 3, 1920. The motion to amend the writ and the defendant’s motion to abate the writ and dismiss the action are described in the opinion. The motion to abate the writ and to dismiss the action was heard in the Superior Court by Wait, J., who ordered the writ abated…
1Opinion of the CourtPierce, J.
The plaintiff brought an action of contract in the Superior Court against the defendant, a non-resident but cormorant person, by a writ with an ad damnum of $300 duly served by a constable. After the writ was entered and after a general appearance and answer by the defendant, an amendment was allowed in court in the presence of an attorney who represented the defendant, without his assent, increasing the ad damnum to $5,000.
The motion to increase the ad damnum was allowed on September 10,1920. Twenty days thereafter the defendant filed a motion to abate the writ and dismiss the action. The…
2Cases cited1 opinion
- Neszery v. BeardMassachusetts Supreme Judicial Court · 1917
3Cited by2 opinions
- Fitchburg Gas & Electric Light Co. v. Yankee Plastics, Inc.Massachusetts District Court, Appellate Division · 1974
- Niro v. ConsigliMassachusetts District Court, Appellate Division · 1969