188 Mass. 156 | Mass. | 1905
The rescript “ Bill dismissed,” and the docket entry in pursuance of it, were not a final decree which precluded further action in the case. The court had power to allow an amendment changing the suit in equity into an action at law. This was expressly decided after full consideration in a similar case. Merrill v. Beckwith, 168 Mass. 72.
The order authorizing the amendment was complied with.
The condition as to payment of costs at the prescribed time was for the benefit of the defendant, and he might waive it by an extension of the time, or, otherwise. A valid agreement in writing for an extension of the time was made by the attorneys of the parties and subsequently filed with the papers in the case. There is express statutory authority for similar agreements in the R. L. c. 173, §§ 69, 70. See also Wieland v. White, 109 Mass. 392; Moulton v. Bowker, 115 Mass. 36; Shattuck v. Bill, 142 Mass. 56.
Bxceptions overruled.