Kalman v. Board of Aldermen

Massachusetts Appeals Court

Kalman v. Board of Aldermen

13 Mass. App. Ct. 904

CourtMassachusetts Appeals Court

DecidedJanuary 6, 1982

StatusPublished

Cited by1 cases

This text of 13 Mass. App. Ct. 904 (Kalman v. Board of Aldermen) 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

Kalman v. Board of Aldermen, 13 Mass. App. Ct. 904 (Mass. Ct. App. 1982).

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Opinion

It is obvious from the face of the plaintiffs’ complaint that the action was brought in the wrong county. See G. L. c. 139, § 2. Therefore, the allowance by the judge of the defendants’ motion to dismiss based, in part, on Mass.R.Civ.P. 12(b)(3), 365 Mass. 755 (1975), was not error. Nothing in Attorney Gen. v. Industrial Natl. Bank, 380 Mass. 533 (1980), requires a judge to dispose of a motion to transfer prior to ruling on a motion to dismiss. Because the judgment does not precisely indicate the ground upon which the complaint was dismissed, the judgment is vacated and another judgment dismissing the complaint pursuant to Mass.R.Civ.P. 12(b)(3) for lack of venue shall be entered. Id. at 538.

So ordered.

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It is obvious from the face of the plaintiffs’ complaint that the action was brought in the wrong county. See G. L. c. 139, § 2. Therefore, the allowance by the judge of the defendants’ motion to dismiss based, in part, on Mass.R.Civ.P. 12(b)(3), 365 Mass. 755 (1975), was not error. Nothing in Attorney Gen. v. Industrial Natl. Bank, 380 Mass. 533 (1980), requires a judge to dispose of a motion to transfer prior to ruling on a motion to dismiss. Because the judgment does not precisely indicate the ground upon which the complaint was dismissed, the judgment is vacated and another judgment dismissing the complaint pursuant to Mass.R.Civ.P. 12(b)(3) for lack of venue shall be entered. Id. at 538.

So ordered.

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13 Mass. App. Ct. 904, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kalman-v-board-of-aldermen-massappct-1982.

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