Parkway Imports, Inc. v. Askinos
Massachusetts District Court, Appellate Division
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
- Gallagher v. AtkinsMassachusetts Supreme Judicial Court · 1940
- Barton v. City of CambridgeMassachusetts Supreme Judicial Court · 1945
- Muir Brothers Co. v. Sawyer Construction Co.Massachusetts Supreme Judicial Court · 1952
- Lasell v. Director of the Division of Employment SecurityMassachusetts Supreme Judicial Court · 1949
3Cited by13 opinions
- Carlsberg Printers, Inc. v. ShieldsMassachusetts District Court, Appellate Division · 1975
- Little v. HeimlichMassachusetts District Court, Appellate Division · 1980
- Dreikorn v. DurkinMassachusetts District Court, Appellate Division · 1983
- Adkins v. ArmataMassachusetts District Court, Appellate Division · 1975
- DeSimone v. CommonwealthMassachusetts District Court, Appellate Division · 1981
8 more not listed; retrieve them via the Exa API.