Albert v. Howard

Michael Albert appeals from a judgment of a single justice of this court denying, without a hearing, his petition for relief from a judgment of the District Court. We affirm.

Albert was the defendant in a small claims action commenced by a law firm to collect payment for legal services provided to him. He did not move to transfer the case to the regular civil docket of the District Court pursuant to G. L. c. 218, § 24. The firm prevailed at a trial before a clerk-magistrate, and Albert appealed, claiming a trial in the jury session. The record indicates that Albert failed to appear on the…