Donovan v. Donovan

A verdict was returned in favor of the defendant in this action of contract on June 7, 1934. On the following day the plaintiff filed a motion to set aside the verdict. He neglected to send a true copy thereof to the defendant or to the attorney for the defendant as required by Rule 54 of the Superior Court (1932), but instead mailed an unsigned copy to the attorney for the defendant. That was not a compliance with the rule. Thorndike, petitioner, 244 Mass. 429. Because of this failure to comply with the rule the defendant filed a motion to dismiss the motion for a new trial. A hearing on…