Dawson v. Trainor

Pursuant to Rule 30, District Court Rules, 1965, as amended, both parties were notified and a hearing held by this Division sitting at Barnstable on April 24, 1973.

The petition to establish sets forth that “the defendant William P. Trainor Corporation claiming to be aggrieved by the denial of its motion for a new trial after hearing requested the judge to report the case to the Appellate Division.”

The judge failed to act on this report. It was reported by the clerk under Rule 28, District Court Rules. The defendant in his argument before us seeks to have the court establish a report (based on…