Kilroy v. O'Connor

This is a bill under G. L. (Ter. Ed.) c. 231 A, inserted by St. 1945, c. 582, § 1, brought by the county treasurer of Bristol County for a declaratory decree adjudicating the right, if any, of the defendant to hold the office of county commissioner of said county. After the overruling of a plea in bar, a plea in abatement, and a demurrer, the suit came on for a hearing before another judge, who ruled that the defendant was duly appointed county commissioner, ordered a decree to be entered to this effect, and reported the suit to this court.

The plea in abatement so called set up nonjoinder of…