FOX v. BOTTOMLY


341 Mass. 701 (1961)

172 N.E.2d 255

JOHN FOX vs. JOHN S. BOTTOMLY.

Supreme Judicial Court of Massachusetts, Suffolk.

February 3, 1961.


Attorney(s) appearing for the Case

George Broomfield, for the petitioner.

Donald R. Anderson, for the respondent.

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


WILKINS, C.J.

This petition is to vacate a judgment entered by default in an action of contract brought by the respondent against the petitioner in the Superior Court. G.L. (Ter. Ed.) c. 250, § 15. The contract action was to recover on two promissory notes signed by the petitioner in the respective amounts of $106,000 and $144,000. According to the bill of exceptions, there was evidence that service of the writ and summons in the contract action was duly made...

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