Maguire v. Quality Foreign Cars, Inc.

Small Claims action, removed to the Superior Court pursuant to G.L. c. 218, §23 and remanded to the District Court pursuant to G.L. c. 231, § 102C. This pre-dates the amendment of § 23 eliminating the defendant’s right of removal and establishing a right of appeal, St. 1973, c. 748.

The plaintiff sought to recover damages for an alleged overcharge on repairs made to her automobile. The plaintiff was not represented by counsel. The defendant was represented by counsel, who notified the clerk’s office of a conflicting engagement in the Superior Court on the morning of the trial and requested…