Alpert v. Mercury Publishing Co.

This is a petition to vacate a judgment entered in favor of the defendant on discontinuance by the plaintiff of his action of tort. It is a proceeding separate from the original action and is brought under G. L. c. 250, §§ 14-20. Wrinn v. Sellers, 252 Mass. 423, 425. That action was brought early in 1927, was entered in court, issue was joined without. claim of trial by jury, the case was marked by the plaintiff for trial on the civil list without jury, was in order for hearing on December 6, 1927, and-the defendant was prepared for trial, when the plaintiff, the present petitioner, made a…