Gladstone v. Gold

Massachusetts Appeals Court

Gladstone v. Gold

296 N.E.2d 507, 1 Mass. App. Ct. 827

DecidedMay 24, 1973

StatusPublished

This text of 296 N.E.2d 507 (Gladstone v. Gold) 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

Gladstone v. Gold, 296 N.E.2d 507, 1 Mass. App. Ct. 827 (Mass. Ct. App. 1973).

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Opinion

The defendant’s appeal to the Supreme Judicial Court under the provisions of G. L. c. 231, § 109, was transferred to this court under the provisions of G. L. c. 211 A, §§ 10 and 12. One obstacle to the prosecution of the appeal is the fact (disclosed by the docket entries transmitted under S. J. C. Rule 1:09 and apparent from the face of the unattested copies of the “Defendant’s Appeal” transmitted by the clerk of the District Court) that the defendant did not claim his appeal from the order of the Appellate Division until eight months and eleven days after the expiration of the five-day period set out in G. L. c. 231, § 109. Compare Johnson v. Fore River Motors, Inc. 347 Mass. 776.

Appeal dismissed.

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The defendant’s appeal to the Supreme Judicial Court under the provisions of G. L. c. 231, § 109, was transferred to this court under the provisions of G. L. c. 211 A, §§ 10 and 12. One obstacle to the prosecution of the appeal is the fact (disclosed by the docket entries transmitted under S. J. C. Rule 1:09 and apparent from the face of the unattested copies of the “Defendant’s Appeal” transmitted by the clerk of the District Court) that the defendant did not claim his appeal from the order of the Appellate Division until eight months and eleven days after the expiration of the five-day period set out in G. L. c. 231, § 109. Compare Johnson v. Fore River Motors, Inc. 347 Mass. 776.

Appeal dismissed.

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Bluebook (online)

296 N.E.2d 507, 1 Mass. App. Ct. 827, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gladstone-v-gold-massappct-1973.

Opinion

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