308 Mass. 243 | Mass. | 1941
The plaintiff in this bill in equity, which was filed on April 5, 1940, seeks to recover payments claimed to be due him under an employment contract with the defendants, The Hot Mikado Company, Inc. (hereafter referred to as Mikado) and Michael Todd. It is alleged that Mikado had entered into a contract with the defendant Shubert Holding Company (hereafter referred to as Shu
No service was made upon the defendant Todd, a nonresident. But Mikado on April 17, 1940, assigned to him its claim in the attached funds in the possession of Shubert. Todd, on April 29, 1940, filed a bond to discharge the attachments on these funds. Thereafter, his petition setting forth his claim and seeking to intervene in order to determine his title to these funds was allowed. Upon motion of the plaintiff to have the bill taken pro confessa against Todd, the judge ruled that Todd had submitted himself to the jurisdiction of the court for the purpose of protecting the property attached and “to the extent of the property attached is subject to such jurisdiction and is required to answer to the merits of the bill,” and ordered that the bill be taken pro confessa unless Todd- should file an answer within twenty-one days. Todd appealed. A hearing was then held upon Todd’s claim to the attached funds, and an interlocutory decree was entered denying his claim to these funds. Todd also appealed from this decree. No final decree has been entered in this suit and no indebtedness of any defendant to the plaintiff has been established. The plaintiff alleges a single claim against Mikado and Todd. The hearing of the suit ought not to be delayed until the questions that Todd seeks to raise can be determined, especially when the final outcome of .the suit may be such
Appeals dismissed.