MEDE v. COLBERT


342 Mass. 166 (1961)

172 N.E.2d 700

JAMES I. MEDE vs. THOMAS J. COLBERT, executor.

Supreme Judicial Court of Massachusetts, Suffolk.

March 3, 1961.


Attorney(s) appearing for the Case

Gael Mahony, for the respondent.

John J. Riley, for the petitioner.

Present: WILKINS, C.J., WHITTEMORE, CUTTER, KIRK, & SPIEGEL, JJ.


WILKINS, C.J.

This is a petition to vacate a judgment of dismissal under Rule 85 of the Superior Court (1954) in an action of contract on a promissory note in which the petitioner was the plaintiff and the respondent's testate, Paul Bowser, was the defendant. There was no answer to the petition, and none was required in a proceeding brought, as was this, pursuant to G.L. (Ter. Ed.) c. 250, § 15. Thomajanian v. Odabshian, 272 Mass. 19, 23. Lynch...

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