LAPAN v. CHILDS


330 Mass. 451 (1953)

115 N.E.2d 146

RICHARD R. LAPAN vs. KENNETH D. CHILDS.

Supreme Judicial Court of Massachusetts, Hampshire.

October 28, 1953.


Attorney(s) appearing for the Case

Samuel L. Reisner, (Ralph H. Taylor with him,) for the defendant.

Luke F. Ryan, for the plaintiff.

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


LUMMUS, J.

This is an action of summary process for the possession of a building in Northampton, under G.L. (Ter. Ed.) c. 239, begun in a District Court. That court found for the plaintiff, and the defendant appealed to the Superior Court.

By G.L. (Ter. Ed.) c. 239, § 5, as appearing in St. 1946, c. 175, § 1, the appeal bond given by a defendant in such an action must be with sufficient surety or "secured by cash or its equivalent deposited with...

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