Bowles v. Palmer
Massachusetts Supreme Judicial Court
Appeal from an order of the Superior Court ordering an action discontinued. The writ issued March 21, 1901, and an attachment was made by trustee process. On April 9, 1901, the defendants made a demand in writing upon the plaintiff’s attorney for a copy of the declaration stating the plaintiff’s cause of action. The demand was not complied with, and the defendants moved for the order from which the appeal was taken. Pub.
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Appeal from an order of the Superior Court ordering an action discontinued. The writ issued March 21, 1901, and an attachment was made by trustee process. On April 9, 1901, the defendants made a demand in writing upon the plaintiff’s attorney for a copy of the declaration stating the plaintiff’s cause of action. The demand was not complied with, and the defendants moved for the order from which the appeal was taken. Pub. Sts. c. 167, § 8, as amended by St. 1894, c. 405, is as follows: “ The declaration may be filed in the clerk’s office on or before the day on which the writ is returnable,…
1Opinion of the Court
By the Court.
The statute requires a copy of the declaration to be furnished on demand in all cases where there is an attachment and the declaration is not inserted in the writ. St. *1701894, c. 405. The comma after the word “ particulars ” raises no reasonable doubt that the following words, “ when necessary ” qualify “ bill of particulars ” alone.
Judgment affirmed.
2Cited by2 opinions
- Big D Carpets, Inc. v. Welch Group, Inc.Massachusetts Appeals Court · 1994
- Ferguson & Co. v. MelilloMassachusetts Supreme Judicial Court · 1929