Smith v. Brown

This is a petition under G. L. (Ter. Ed.) c. 250, § 15, to vacate a judgment of dismissal, entered June 6, 1931, in the Superior Court in the action of Charles E. Smith vs. Hyman J. Brown, number 172935, under Common Law Rule 62 of the Superior Court (1923), now Rule 85 of the Superior Court (1932), for failure to prosecute said action under said rule.

The defendant in the original action and in this petition received due notice of the petition under G. L. (Ter. Ed.) c. 250, § 16. He filed a demurrer to the petition, a motion to dismiss and a plea in abatement, “without waiving any of said…