294 Mass. 353 | Mass. | 1936
This is an action of tort. The plaintiff seeks to recover damages alleged to have been sustained by him resulting from acts of duress, deceit, violation of fiduciary
The ruling of the trial judge was right to the effect that the mere filing of the document on December 29, 1932, described as “Plaintiff’s Amended Declaration” without any motion for its allowance did not constitute either an amendment of the declaration or the filing of a motion to amend it. In the circumstances here disclosed, it was necessary that a motion to amend the declaration be filed and allowed seasonably by the court. That was not done. Although the paper filed on July 23, 1930, was open to objection, such objection was waived by the defendants by demurring to it and by its being allowed by the court. The case is not before us on the original unamended declaration. These points are fully covered by authority and need no discussion. Massachusetts Gasoline & Oil Co. v. Go-Gas Co. 267 Mass. 122, 125-126. Kaufman v. Buckley, 285 Mass. 83.
Since no motion to amend the declaration was filed on or before December 30, 1932, and nothing else was done by the plaintiff, the case became ripe for final judgment immediately after that date. Rule 23 of the Superior Court
Other questions argued become immaterial and need not be considered.
Exceptions overruled.