Legal Opinion
Dwyer v. Piccicuto
Massachusetts Appeals Court
Decided November 23, 1987No. 86-584PublishedCited by 8 opinions
1Opinion of the Court
*912General Laws c. 231, § 97, provides for an appeal to the Superior Court by a party aggrieved by a judgment of a District Court in a civil action which cannot be removed to the Superior Court. A summary process action is such an action. See second paragraph of note 5, supra. The last sentence of § 97, specifies that the appeal “shall [in the Superior Court] be tried and determined as if originally entered therein.”
This language, it is settled, means that the appeal vacates the judgment. The whole case is considered open and the previous judgment immaterial. See Derick v. Taylor, 171 Mass. 444,…
2Cases cited10 opinions
- Community National Bank v. DawesMassachusetts Supreme Judicial Court · 1976
- Madsen v. ErwinMassachusetts Supreme Judicial Court · 1985
- Costarelli v. CommonwealthMassachusetts Supreme Judicial Court · 1978
- Wanda R. Lee v. The National Life Assurance Company of CanadaCourt of Appeals for the Fifth Circuit · 1981
- Donnelly v. MontagueMassachusetts Supreme Judicial Court · 1940
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Key Capital Corp. v. M&S LIQUIDATING CORP.Massachusetts Appeals Court · 1989
- Godfrey v. Chief of Police of WellesleyMassachusetts Appeals Court · 1993
- Beaulieu v. BellMassachusetts Appeals Court · 1996
- Eisenberg v. Phoenix Ass'n Management, Inc.Massachusetts Appeals Court · 2002
- Brown v. Bayview Crematory, LLCMassachusetts District Court, Appellate Division · 2009
3 more not listed; retrieve them via the Exa API.