Bentley v. Marshall

The only question raised by the report in this case is whether or not there is prejudicial error in the dismissal of the draft report because copies were mailed to the trial judge and to the opposite counsel separately, but at the same time, as the original, and, *206therefore, not after the filing thereof in the clerk’s office, as required by Rule 28 of the Rules of District Courts. Famigletti v. Neviakas, 324 Mass. 70.

It is the contention of the plaintiff that that cited case is no longer the law of the Commonwealth since the decisions in the cases of Perma-Home Corp. v. Nigro, 346 Mass. 349,…