Libby v. New York, New Haven & Hartford Railroad

These cases are before us upon reports from a judge of the Superior Court which present the single question, whether after rescripts from this court ordering judgments for the defendant under the provisions of G. L. c. 231, § 122, he had authority to allow amendments in the cases. , The judge ruled that he was without authority. He stated that if he had discretion in the matter he would allow amendment. Before the day on which judgments after rescript would enter in ordinary course pursuant to Common Law Rule 56 of the Superior Court (1923), the cases were continued for judgment pending final…