RATCHFORD v. RATCHFORD


397 Mass. 114 (1986)

489 N.E.2d 1015

NANCY RATCHFORD vs. JAMES RATCHFORD, THIRD.

Supreme Judicial Court of Massachusetts, Suffolk.

March 13, 1986.


Attorney(s) appearing for the Case

Marshall F. Newman for the plaintiff.

Robert Erwin Silver & Sherri E. Liftman, for the defendant, submitted a brief.

Present: WILKINS, LIACOS, NOLAN, LYNCH, & O'CONNOR, JJ.


NOLAN, J.

The plaintiff commenced this action by filing a complaint in the Boston Municipal Court based on a separation agreement (agreement). The defendant countered with a motion to dismiss, which is based on two grounds: (1) failure to state a claim upon which relief can be granted, Dist. Mun. Cts. R. Civ. P. 12 (b) (6) (1975), and (2) the court's lack of subject matter jurisdiction, Dist. Mun. Cts. R. Civ. P. 12 (b) (1) (1975). The motion was denied, and a request...

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