Niro v. Consigli

In this action, described as one of contract and tort, the plaintiff moved that he be permitted to amend his writ by increasing the ad damnum from $2,000.00 to $10,000.00. The motion was denied by the judge who made the following written ruling:

“Plaintiff’s motion to amend writ from $2,000.00 to $10,000.00 ad damnum is denied because the defendants’ right to jury trial might be prajudicied under C. 231, s. 104, as amended, of the G.L.’s. Case to stand pending appeal of denial of this motion.”

The plaintiff claiming to be aggrieved by the denial of his motion, the judge, under the provisions of…