Legal Opinion

Peabody Action Realty, Inc. v. Falkowski

Massachusetts District Court, Appellate Division

Decided January 22, 1973No. 7939; Docket number: 283PublishedCited by 6 opinions

1Opinion of the CourtMason, J.

This is a petition to establish a report from a draft report which was disallowed for the reasons that:

1. The questions claimed to have been excluded in Case Ho. 2217 of 1971 do not conform to the truth.

2. The plaintiff in case Ho. 283 of 1972 claimed a report on the court rulings of requests 3 and 4, but now claims by draft report to be aggrieved by the court’s ruling of requests 1, 2, 3, 4, and 5.

3. The draft report does not conform to Rule 28 of the District Court nor the draft report model in that neither of the court’s two special findings are incorporated within the draft report.

*147The…

2Cases cited3 opinions

  1. Perry v. HanoverMassachusetts Supreme Judicial Court · 1943
  2. Famigletti v. NeviackasMassachusetts Supreme Judicial Court · 1949
  3. Donovan v. DonovanMassachusetts Supreme Judicial Court · 1936

3Cited by6 opinions

  1. Concord Oil Co. v. PalmerMassachusetts District Court, Appellate Division · 1984
  2. Vernon A. Martin, Inc. v. GliddenMassachusetts District Court, Appellate Division · 1980
  3. Murphy v. HamedMassachusetts District Court, Appellate Division · 1985
  4. White v. Lumbermens Mutual Casualty Co.Massachusetts District Court, Appellate Division · 1983
  5. Mason v. PerlmanMassachusetts District Court, Appellate Division · 1986

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