Cranberry Realty & Mortgage Co. v. Ackerley Communications, Inc.

In Shea v. Neponset River Marine & Sport-fishing, Inc., 14 Mass. App. Ct. 121 (1982) (hereafter Shea), *256we held that the deletion of the exclusionary sentence in G. L. c. 231, § 103, as amended through St. 1931, c. 426, § 112 (“This and the seven following sections shall not apply to actions under chapter two hundred and thirty nine”), by St. 1975, c. 377, § 103, “manifested an intent by the Legislature that the provisions of G. L. c. 231, §§ 97, 103 et seq., were to apply to summary process cases just as they apply to all civil actions.” Id. at 125.

In this case the plaintiff, on February 23,…