SPRINGFIELD v. SPRINGFIELD STREET RAILWAY


327 Mass. 4 (1951)

97 N.E.2d 196

CITY OF SPRINGFIELD vs. SPRINGFIELD STREET RAILWAY COMPANY.

Supreme Judicial Court of Massachusetts, Hampden.

February 8, 1951.


Attorney(s) appearing for the Case

C.D. Sloan, City Solicitor, for the plaintiff.

T.J. Collins, for the defendant.

Present: QUA, C.J., RONAN, WILKINS, WILLIAMS, & COUNIHAN, JJ.


WILKINS, J.

The plaintiff appeals from an interlocutory decree sustaining a demurrer to its bill of complaint and from a final decree dismissing the bill. The final decree contains the phrase, "all parties interested — consenting hereto — in open court." The parties at the arguments before us agreed that the inclusion of this phrase was in error, and the defendant, with the plaintiff's assent, has since filed a motion in this court to expunge nunc pro...

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