Boland v. Kyle

Massachusetts Appeals Court

Boland v. Kyle

327 N.E.2d 925, 3 Mass. App. Ct. 754

DecidedMay 27, 1975

StatusPublished

This text of 327 N.E.2d 925 (Boland v. Kyle) is published on Counsel Stack Legal Research, covering Massachusetts Appeals Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Boland v. Kyle, 327 N.E.2d 925, 3 Mass. App. Ct. 754 (Mass. Ct. App. 1975).

Pincite

Opinion

Assuming, without deciding, that the second motion for a new trial was timely made (see Mass.R.Civ.P. 59 [b], 365 Mass. 827 [1974]), the judge did not abuse his discretion in denying the motion for the reasons set forth in Woodward v. Dean, 113 Mass. 297, 298 (1873), and in Liermann v. Caradonna, 293 Mass. 90, 92-93 (1935), and for the additional reason that the list prepared pursuant to G. L. c. 234, § 4, was not shown to have described incorrectly the occupation of the juror Donohue or to have failed to alert the plaintiff to the possibility of a ground for challenge. Cf. Brooks v. Glidden, 329 Mass. 704, 707-708 (1953). The appeal is frivolous.

Judgment affirmed, with double costs to the defendant.

Free access — add to your briefcase to read the full text and ask questions with AI

Assuming, without deciding, that the second motion for a new trial was timely made (see Mass.R.Civ.P. 59 [b], 365 Mass. 827 [1974]), the judge did not abuse his discretion in denying the motion for the reasons set forth in Woodward v. Dean, 113 Mass. 297, 298 (1873), and in Liermann v. Caradonna, 293 Mass. 90, 92-93 (1935), and for the additional reason that the list prepared pursuant to G. L. c. 234, § 4, was not shown to have described incorrectly the occupation of the juror Donohue or to have failed to alert the plaintiff to the possibility of a ground for challenge. Cf. Brooks v. Glidden, 329 Mass. 704, 707-708 (1953). The appeal is frivolous.

Judgment affirmed, with double costs to the defendant.

Cite This Page — Counsel Stack

Bluebook (online)

327 N.E.2d 925, 3 Mass. App. Ct. 754, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boland-v-kyle-massappct-1975.

Opinion

Related

Cite This Page — Counsel Stack