Morey & Co. v. Sweeney

This action was tried in the Municipal Court of the City of Boston on June 6, 1930. Notices of a finding in favor of the plaintiff were sent on July 29, 1930, but did not reach the attorney for the defendant, who was absent from the Commonwealth, until after the usual time for filing claim of report and draft report had expired. On his return the attorney attempted to file claim of report *212and draft report within the time allowed after receiving actual notice. The clerk refused to receive them. Judgment was entered against the defendant in conformity with the face of the record and under G. L.…