Opinion

Dempsey v. Board of Trustees of the Boston Public School Teachers' Retirement Fund

  • 3 Mass. App. Div. 383
Court
Massachusetts District Court, Appellate Division
Filed
Oct 27, 1938
Status
Published
Author
Bolster
On the bench
Bolster
Cited by
0 cases
Authority
More cited than 21.2%

The opinion

Bolster, C. J .

The original writ described the defendants only by the above title. There is at law no such legal person. The named defendant, so-called, is neither a natural person, nor a corporation, nor an association as defined in G. L. (Ter. Ed.) Ch. 182, sec. 6, cf. Bouchard v. First People’s Trust, 253 Mass. 351 , nor is the writ a writ in rem. No valid judgment could be entered upon such a writ nor could any execution be effectively served. The fact that counsel assumed to accept service “for the de *384 fendants” cannot give jurisdiction where there is none, and the court must take notice of the limitations upon its own power. This writ is void. Since the plaintiff does not wish to amend, we do not decide whether such a writ is amendable. The case cited appears to ' indicate that it is.

Action dismissed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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