GALJAARD v. DAY


325 Mass. 475 (1950)

91 N.E.2d 345

PETER F. GALJAARD vs. ALVAN N. DAY & another.

Supreme Judicial Court of Massachusetts, Middlesex.

March 8, 1950.


Attorney(s) appearing for the Case

R.S. Marsh, (W.H. Macdonald with him,) for the plaintiff.

W. Powers, Jr., for the defendants.

Present: QUA, C.J., LUMMUS, RONAN, SPALDING, & COUNIHAN, JJ.


LUMMUS, J.

The plaintiff was a tenant at will of the defendants in a tenement on premises in Lexington owned by the defendants and "occupied" by the plaintiff and the defendants. On October 21, 1948, the defendants obtained judgment against him for possession in an action of summary process, but the issuance of execution was stayed from time to time until sometime in March, 1949. St. 1948, c. 2. St. 1949, c. 87. The plaintiff remained in possession of the tenement...

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