Home/Massachusetts Appeals Court/McClintoch v. Allen

McClintoch v. Allen

340 N.E.2d 899, 4 Mass. App. Ct. 771
CourtMassachusetts Appeals Court
DecidedJanuary 29, 1976
StatusPublished
Cited by5 cases

This text of 340 N.E.2d 899 (McClintoch v. Allen) 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
McClintoch v. Allen, 340 N.E.2d 899, 4 Mass. App. Ct. 771 (Mass. Ct. App. 1976).

Opinion

The plaintiffs have appealed from an order for judgment entered after allowance of the defendant’s motion to dismiss for failure to prosecute and after denial of the plaintiffs’ motion for rehearing. Rule 41 (b) (2) of the Massachusetts Rules of Civil Procedure, 365 Mass. 804 (1974), provides: “On motion of the defendant, with notice, the court may, in its discretion, dismiss any action for failure of the plaintiff to prosecute...” (emphasis supplied). No abuse .of that discretion has been demonstrated. The order for judgment is affirmed, and judgment is to be entered dismissing the action.

So ordered.

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Cite This Page — Counsel Stack

Bluebook (online)
340 N.E.2d 899, 4 Mass. App. Ct. 771, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcclintoch-v-allen-massappct-1976.