Legal Opinion

O'Flanagan v. Smith

Massachusetts Supreme Judicial Court

Decided November 29, 1944PublishedCited by 6 opinions

1Opinion of the Court

Order of the Appellate Division affirmed. This action of tort was brought in the Municipal Court of the City of Boston. There was a finding for the plaintiff. The defendant filed a petition for the establishment of a report by the Appellate Division. This petition was dismissed by the Appellate Division on the ground that the petition was not “verified by affidavit” as required by Rule 30 of the Municipal Court of the City of Boston (1940). The petitioner — defendant below — appealed. There was no error. The affidavit does not satisfy the requirements of the rule. The affidavit required by…

2Cases cited2 opinions

  1. Hadley v. WatsonMassachusetts Supreme Judicial Court · 1886
  2. Dubois v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1944

3Cited by6 opinions

  1. Weinberg v. Leyton School of Dental Laboratory Technology, Inc.Massachusetts District Court, Appellate Division · 1953
  2. Beeman v. KneelandMassachusetts District Court, Appellate Division · 1981
  3. Bifano v. AndersonMassachusetts District Court, Appellate Division · 1991
  4. McCartney v. ClarkMassachusetts District Court, Appellate Division · 1946
  5. Sharkey v. Rudy's Service, Inc.Massachusetts District Court, Appellate Division · 1982

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