Ash v. City of Medford

This is an action or replevin brought against a municipal corporation. The defendant city filed a plea in abatement with its answer, al-leging that thirty days’ notice was not given the defendant as required by G. L. (Ter. Ed.) c. 223, s. 28.

The writ was dated September 27, 1951, and served on the defendant city on October 19, 1951. It was returnable on October 27, 1951.

After the hearing on the defendant’s plea in abatement and before the trial judge ruled thereon, the plaintiff filed the following requests for rulings:

“1. If the Court finds that the return of the Replevin writ is less than…