Nuger Sales & Service, Inc. v. Pioneer Credit Corp.
Decision Date | 19 December 1962 |
Citation | 186 N.E.2d 709,345 Mass. 249 |
Parties | NUGER SALES & SERVICE, INC. v. PIONEER CREDIT CORPORATION. |
Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
No argument nor brief for plaintiff.
Andrew T. Campoli, Pittsfield, for defendant, submitted a brief.
Before WILKINS, C. J., and CUTTER, KIRK, SPIEGEL, and REARDON, JJ.
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 ( ). See Lubell v. First Natl. Stores, Inc. 342 Mass. 161, 172 N.E.2d 689; S. Albertson Co. Inc. v. Great No. Ry. 342 Mass. 326, 173 N.E.2d 267. 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 7, 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 27, 1961. The defendant excepted.
Section 102C 1 provides in part: ...
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East Coast Printing Equipment Corp. v. Dataprint, Inc.
...right to a jury trial, citing as support for that proposition Nuger Sales & Service, Inc. v. Pioneer Credit Corp., 345 Mass. 249 (1962). Nuger, however, was twelve years before the current rules of civil procedure were adopted in Massachusetts and cannot possibly be read to suggest that the......