Doherty v. Capachuni

Action of tort in which the defendant appears specially and seeks to have the writ and action “abated” because of improper venue.

At the time of the argument on the defendant’s-“plea in abatement”, it was agreed between the parties that the plaintiff is a resident of Winthrop and that the defendant is a resident of South Boston.

As the action is described as one growing out of an alleged collision of automobiles, St. 1934, C. 387, Section 2, is applicable. That statute provides that such an action may be brought “in a district court within whose judicial district one of the parties lives or in…