Medford Red Cab, Inc. v. Duncan

This is a petition to vacate a judgment entered by default in the Superior Court in an action of tort in which the respondents (husband and wife) were plaintiffs and the petitioner was defendant. G. L. (Ter. Ed.) c. 250, § 15. The petition was denied, and the case is here on the petitioner’s exceptions.

The petition makes these allegations. The writ was dated August 1, 1958, and was returnable in the First Dis trict Court of Eastern Middlesex on August 30, 1958, and was removed by the plaintiffs (the respondents)' to the Superior Court. The petitioner was served with a summons, which was…