Devine v. Town Clerk

1. The respondent’s appeal is properly before us. The first clause of the second paragraph of Rule 79 of the Superior Court (1954) prevented the case from going to judgment during the twenty-day period following the entry (on February 13, 1974) of the order for judgment because of the respondent’s right to seek appellate review of that order by filing a bill of exceptions during that period. G. L. c. 231, § 113, as in effect prior to St. 1973, c. 1114, § 202. Cooney v. Commissioner of Real Property Dept. of Boston, 2 Mass. App. Ct. 853 (1974). The filing of the respondent’s motion for a new…