Legal Opinion

Parkway Imports, Inc. v. Askinos

Massachusetts District Court, Appellate Division

Decided July 6, 1967No. #190454PublishedCited by 13 opinions

1Opinion of the CourtGarvey, P.J.

This is a petition to establish a report. After a trial in a contract action there was a finding for the defendant. The judge’s order dismissing the plaintiff’s draft report reads: “Report dismissed. No question of law presented—no requests for rulings filed”.

The judge was correct. Generally, to be entitled to a report as a matter of right a party must be aggrieved by a “ruling on a matter of law”. G.L. c. 231, §108. Rule 27 of the Rules of the District Courts (1965).

“A ‘request for a report is comparable to the taking of an exception in other courts.

As to exceptions, it is true that the…

2Cases cited4 opinions

  1. Gallagher v. AtkinsMassachusetts Supreme Judicial Court · 1940
  2. Barton v. City of CambridgeMassachusetts Supreme Judicial Court · 1945
  3. Muir Brothers Co. v. Sawyer Construction Co.Massachusetts Supreme Judicial Court · 1952
  4. Lasell v. Director of the Division of Employment SecurityMassachusetts Supreme Judicial Court · 1949

3Cited by13 opinions

  1. Carlsberg Printers, Inc. v. ShieldsMassachusetts District Court, Appellate Division · 1975
  2. Little v. HeimlichMassachusetts District Court, Appellate Division · 1980
  3. Dreikorn v. DurkinMassachusetts District Court, Appellate Division · 1983
  4. Adkins v. ArmataMassachusetts District Court, Appellate Division · 1975
  5. DeSimone v. CommonwealthMassachusetts District Court, Appellate Division · 1981

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