Fred C. Church & Co. v. Pacy

Mass. Dist. Ct., App. Div.

Fred C. Church & Co. v. Pacy

46 Mass. App. Dec. 13

CourtMassachusetts District Court, Appellate Division

DecidedApril 29, 1970

DocketNo. 7269; No. 1728

StatusPublished

Cited by3 cases

This text of 46 Mass. App. Dec. 13 (Fred C. Church & Co. v. Pacy) is published on Counsel Stack Legal Research, covering Massachusetts District Court, Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fred C. Church & Co. v. Pacy, 46 Mass. App. Dec. 13 (Mass. Ct. App. 1970).

Pincite

Opinion

Per Curiam:

This appeal is from a ruling of an interlocutory matter (a motion to dismiss) in a case not ripe for judgment.

The report does not clearly appear to be the report of the trial judge. Patrick v. Mikolaitis, 22 Mass. App. Dec. 167; Pokrant v. Horrigan, 20 Mass. App. Dec. 1; Krock v. Consolidated Mines and Power Co., 286 Mass. 177.

The motion to dismiss should be treated as a demurrer. Carmel Credit Union v. Lesser, 344 Mass. 623.

As a demurrer, its grounds would be that the matters contained in the declaration are insufficient in law to enable the plaintiff to maintain its action. GLL. c. 231, § 18.

The case is remanded without prejudice to the District Court of Lowell for a hearing on the demurrer and, if necessary, a trial on the merits.

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