BURNHAM v. MacWHINNIE


350 Mass. 17 (1965)

213 N.E.2d 385

FRANCIS C. BURNHAM vs. MELVIN MacWHINNIE.

Supreme Judicial Court of Massachusetts, Essex.

December 30, 1965.


Attorney(s) appearing for the Case

Merrill B. Nearis for the plaintiff.

Herman W. Feder for the defendant.

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


WILKINS, C.J.

In this action of replevin of a motor truck the plaintiff gave bond as required by G.L. (Ter. Ed.) c. 247, § 8, and took possession. The case was entered on August 5, 1963, and was marked for trial on August 13, 1963. On the latter date the defendant and his counsel went to the court house. The plaintiff, appearing pro se, filed a motion to discontinue before 9 A.M. The defendant's counsel learned this, and seeing the plaintiff outside the court...

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