eBook details
- Title: Nuger Sales & Service v. Pioneer Credit
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 19, 1962
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
A trial on the merits is afforded upon retransfer of an action to the Superior Court after trial in a District Court following transfer thereto from the Superior Court pursuant to G. L. c. 231, § 102C, and it was error on retransfer of an action for a Judge of the Superior Court to allow a motion for judgment based solely on the decision of the Judge of the District Court. In this action of contract returnable in the Superior Court for Hampden County on the first Monday of June, 1960, the date of the writ was April 18, 1960, and the ad damnum $2,000. On November 21, 1960, the case was transferred for trial to the District Court for Southern Berkshire. G. L. c. 231, § 102C (as amended through St. 1960, c. 303). See Lubell v. First Natl. Stores, Inc. 342 Mass. 161; S. Albertson Co. Inc. v. Great No. Ry. 342 Mass. 326. After a trial on the merits the District Court Judge, on February 21, 1961, filed a decision in which he found for the plaintiff in the sum of $815 with interest and costs. On February 28, 1961, the defendant requested retransfer of the case to the Superior Court pursuant to § 102C, and later received notice from the clerk that the decision of the District Court Judge had been received on March 10, 1961. On October 9, 1961, the plaintiff filed a motion for judgment on the finding, the motion being based solely on the decision of the District Court Judge. Subsequently, the defendant's counsel received notice that the motion had been allowed in his absence on December 21, 1961. The defendant excepted.