NUTTER v. WOODARD

No. 92-P-126.

34 Mass. App. Ct. 596 (1993)

614 N.E.2d 692

MONICA McKINLEY NUTTER vs. CARLTON WOODARD.

Appeals Court of Massachusetts, Essex.

June 16, 1993.


Attorney(s) appearing for the Case

John S. Wessler for the plaintiff.

Alan D. Hoch for the defendant.

Present: ARMSTRONG, FINE, & GILLERMAN, JJ.


FINE, J.

According to the nullity doctrine, as set forth in Chandler v. Dunlop, 311 Mass. 1, 5 (1942), a complaint brought against a deceased person is one "brought against nobody," and, because such an action is void from the beginning, any subsequent amendment of the complaint does not relate back, for purposes of the statute of limitations, to the date of the initial filing. The issue before us is whether the instant case is governed by the nullity...

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