Church v. Phillips
This text of 32 N.E. 911 (Church v. Phillips) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Actions of tort for malicious prosecution cannot be commenced by trustee process. Pub. Sts. c. 183, § 1. This action was therefore rightly dismissed on motion. If it was in the power of the court to allow an amendment which would change the nature of the proceedings, and give jurisdiction to render a judgment against the principal defendant, he having answered generally and without objection until after the plaintiff’s evidence had been introduced, it was within the discretion of the court to refuse to allow such an amendment, and to the exercise of the discretion no exception lies.
Exceptions overruled.
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Cite This Page — Counsel Stack
32 N.E. 911, 157 Mass. 566, 1893 Mass. LEXIS 371, Counsel Stack Legal Research, https://law.counselstack.com/opinion/church-v-phillips-mass-1893.