NOYES v. SHANAHAN


325 Mass. 601 (1950)

91 N.E.2d 841

MATILDA J. NOYES, administratrix, vs. WILLIAM L. SHANAHAN.

Supreme Judicial Court of Massachusetts, Essex.

April 4, 1950.


Attorney(s) appearing for the Case

C.J. Ingram & T.S. Bubier, (N.G. Curuby with them,) for the plaintiff.

No argument nor brief for the defendant.

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


QUA, C.J.

This action of tort was brought by the plaintiff's intestate, hereinafter called the plaintiff, in his lifetime, in two counts. Count 1 is headed "Illegal Eviction." Count 2 is headed "Abuse of Process." These headings correctly describe the two counts, which are no broader in their scope than their titles indicate. We deal with the case as involving only "eviction" and "abuse of process." The plaintiff further alleges that both counts are for the same cause...

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