Peterson v. City of Waltham

This is an action of tort to recover damages for the taking of the plaintiff’s land, and laying out streets over it, in Waltham, commenced by a writ dated November 25,1887, returnable on the first Monday in January, 1888. The writ contained no declaration, but the declaration was filed when the writ was entered on the return day. Nothing was filed in the clerk’s office until then. When the case came on for trial, the plaintiff asked for leave to amend his process by making it a petition for a jury to assess damages for land taken for a public way; and the court, against the objection and…