(DOWNLOAD) "Gallagher v. Atkins" by Supreme Judicial Court of Massachusetts # Book PDF Kindle ePub Free
eBook details
- Title: Gallagher v. Atkins
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 27, 1940
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
FIELD, Chief Justice. This action of tort was tried in a district court. There was a finding for the plaintiff. The case comes before us on appeal from an order of the Appellate Division denying a petition of the defendant to establish a report. See Santosuosso v. Della Russo, Mass., 15 N.E.2d 190. The course of proceedings in this case has been as follows: Within five days after notice of the finding the defendant filed a claim for a report, and within ten days after such notice, a draft report. See Rules 13, as amended, 27, 28, of the District Courts (1932). Later the trial Judge made a supplementary finding of which the defendant was notified, and within five days after notice thereof the defendant filed two more draft reports. Shortly thereafter the plaintiff filed a motion to dismiss the defendant's claim for a report and the three draft reports on the ground of noncompliance, in the case of each of the draft reports, with the provisions of Rule 28 of the District Courts (1932) that a 'copy of such draft report shall be delivered or mailed postpaid by the party requesting the report to the adverse party before the close of the next business day after such filing' of a draft report. On July 26, 1938, the trial Judge 'allowed' this motion to dismiss and dealt with the defendant's request for rulings relating thereto. Within five days thereafter 'the defendant filed a draft report, which in substance related to the question of the right of the court to allow said motion to dismiss. That draft report is still on file, with no hearing having been held thereon, altho a request for hearing was duly filed.' The docket contains the following: 'Memo. rec'd Aug. 9, 1938 from * * * [the trial Judge] stating Draft Report had been disallowed. Notices mailed Aug. 12, 1938.' See Styrnbrough v. Cambridge Savings Bank, Mass., 11 N.E.2d 807. On August 17, 1938, this petition to establish a report was filed. It appears to have been directed to establishing a report of the rulings made at the trial on the merits, though reference is made therein to the action of the trial Judge in granting the motion to dismiss.