Legal Opinion

Deacy v. First National Bank

Massachusetts District Court, Appellate Division

Decided July 20, 1972No. 7847PublishedCited by 9 opinions

1Opinion of the CourtMason, J.

This is a petition to establish a report. The draft report was filed on April 3, 1972 and after hearing was dismissed by the trial justice for failure to comply with Rule 27 of the Rules of the District Courts.

Rule 27 requires that when an objection is taken to the exclusion of evidence, a claim of report must be made at the time of the ruling, and must be reduced to writing in a summary manner and filed with the clerk within five days after hearing all the evidence.

The rule further provides that a draft report filed within the period required for a request for a report under this rule shall…

2Cases cited4 opinions

  1. Gallagher v. AtkinsMassachusetts Supreme Judicial Court · 1940
  2. Famigletti v. NeviackasMassachusetts Supreme Judicial Court · 1949
  3. Murphy v. Barry, Inc.Massachusetts Supreme Judicial Court · 1936
  4. FlynnMassachusetts Supreme Judicial Court · 1928

3Cited by9 opinions

  1. Little v. HeimlichMassachusetts District Court, Appellate Division · 1980
  2. Nickerson Lumber Co. v. CobbMassachusetts District Court, Appellate Division · 1981
  3. Dumas v. GriffinMassachusetts District Court, Appellate Division · 1974
  4. Murphy v. Rodman Ford Sales, Inc.Massachusetts District Court, Appellate Division · 1981
  5. Cape Cod Bank & Trust Co. v. AffleckMassachusetts District Court, Appellate Division · 1981

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