Dias v. Fairhaven Institution for Savings

The issue raised by this report is a proceedural one, and is whether there was error by the trial judge in granting the plaintiff’s motion to “strike and dismiss” the defendant Loretta Jardin’s request for report and draft report, because she failed to comply with the provisions of the G. L. c. 231, §108, and Rules 27 and 28 of the District Courts (1952).

*117The course of proceedings as appears from the report and the docket entries, follows: On October 20, i960, during the “first trial” of this cause, the plaintiff and this defendant seasonably filed requests for rulings, and on November 16th,…