Massachusetts Supreme Judicial Court, 1893

Church v. Phillips

Church v. Phillips
Massachusetts Supreme Judicial Court · Decided January 4, 1893 · Knowlton
157 Mass. 566; 32 N.E. 911; 1893 Mass. LEXIS 371
Church v. Phillips

Cases that cite this one

4 later published cases cite this decision.

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Opinion of the Court

Knowlton, J.

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.

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