Garber v. Hirsh
Massachusetts Supreme Judicial Court
Tort, originally against one Louis Greenberg for personal injuries alleged to have been caused by snow and ice negligently permitted to accumulate upon a sidewalk adjoining premises owned ■by the defendant as trustee under an instrument in writing. Writ dated May 18, 1912. An attachment of real estate was made upon the writ. The defendant appeared by an attorney and answered. On January 14,1913, the document described in the opinion was filed.
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Tort, originally against one Louis Greenberg for personal injuries alleged to have been caused by snow and ice negligently permitted to accumulate upon a sidewalk adjoining premises owned ■by the defendant as trustee under an instrument in writing. Writ dated May 18, 1912. An attachment of real estate was made upon the writ. The defendant appeared by an attorney and answered. On January 14,1913, the document described in the opinion was filed. On April 12, 1915, the following motion, entitled “Waiver of Motion,” signed by William Hirsh and Bertha G. Hirsche, was filed and was “allowed by the…
1Opinion of the CourtRugg, C. J.
This is an action of tort for personal injuries. The defendant appeared and filed an answer. Thereafter, on January-14, 1913, the following was filed in court without objection: “Now comes William Hirsh and Bertha G. Hirsche and say that on October 23rd, last past, the defendant, Louis Greenberg, died, and that they were duly appointed administrators of the estate of the defendant, and pray that they be permitted to defend said action.” This was in substance a general appearance by the administrators of. the estate of .the defendant. R. L. c. 171, § 5. There was no occasion in view of that…
2Cases cited1 opinion
- Colt v. LearnedMassachusetts Supreme Judicial Court · 1882
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