Church v. Phillips
Cases that cite this one
4 later published cases cite this decision.
- Attorney General v. Henry (Mass. 1928)
- Martí v. American Railroad (Supreme Court of Puerto Rico 1920)
- Martí v. American Railroad (Supreme Court of Puerto Rico 1920)
- Guarino v. Russo (Mass. 1913)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Actions of tort for malicious prosecution cannot be commenced by trustee process. Pub. Sts. c. 183, § 1. This action was therefore rightly dismissed on motion. If it was in the power of the court to allow an amendment which would change the nature of the proceedings, and give jurisdiction to render a judgment against the principal defendant, he having answered generally and without objection until after the plaintiff’s evidence had been introduced, it was within the discretion of the court to refuse to allow such an amendment, and to the exercise of the discretion no exception lies.
Exceptions overruled.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.