MALTZMAN v. HERTZ


340 Mass. 626 (1960)

165 N.E.2d 749

PHILIP MALTZMAN vs. HENRY HERTZ, administrator.

Supreme Judicial Court of Massachusetts, Norfolk.

March 31, 1960.


Attorney(s) appearing for the Case

Esther M. Stevens, for the plaintiff.

Melville F. Weston, for the defendant.

Present: WILKINS, C.J., SPALDING, WILLIAMS, COUNIHAN, & CUTTER, JJ.


WILKINS, C.J.

When this case was here before, a final decree dismissing the bill of complaint was reversed. Maltzman v. Hertz, 336 Mass. 704. At pages 708-709, we said, "The plaintiff, if so advised, may, within thirty days after rescript, file a motion in the Superior Court for leave to amend his writ and bill of complaint by adding the executrix of Bessie Maltzman as a party defendant.... If a judge of the Superior...

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