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BUONO v. NARDELLA

344 Mass. 257 (1962)

182 N.E.2d 142

THOMAS BUONO vs. WALDO C. NARDELLA & others.

Supreme Judicial Court of Massachusetts, Middlesex.

May 3, 1962.

Attorney(s) appearing for the Case

J. Chester Webb, for the plaintiff.

Jacob Stone, for the defendants.

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

WILKINS, C.J.

This action of contract commenced by trustee process was dismissed on motion of the defendants on March 24, 1960, for failure to file a bond as required by G.L.c. 246, § 1 (as amended through St. 1943, c. 17, § 1).1 This statute requires that a bond to pay costs shall be filed with the clerk of the court before making service on a trustee where the ad damnum of the writ exceeds $1,000 "except in the case of a writ...

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