McQuade v. Spaulding

Mass. Dist. Ct., App. Div.

McQuade v. Spaulding

37 Mass. App. Dec. 123

Massachusetts District Court, Appellate Division·Decided May 26, 1967·No. No. 189536; No. 189536·Published

Opinion

Garvey, P.J.

This is an appeal from an order allowing a petition to vacate judgment. It appears from the report that the petitioner McQuade was the plaintiff in a motor tort action in the District Court of Springfield. He was non-suited for failure to answer the defendant’s — respondent Spaulding — interrogatories and judgment was entered for her on June 10, 1966. On November 9, 1966 on Mc-Quade’s petition the judgment was vacated. The respondent claims to be aggrieved.

Appeals from an order of a judge of a District Court denying or granting a petition to vacate a judgment must go to the Superior Court. The Appellate Division does not have jurisdiction. Hopkinton v. B. F. Sturtevant Co., 285 Mass. 272, 275. Anderson v. Goodman, 341 Mass. 704, 705. Rubin Glass & Mirror Co. v. Kenneally, 14 Mass. App. Dec. 130, 133. G.L. c. 213, § 97.

The report is to be dismissed.

Sctjdebi & Conway of West Springfield for the petitioner Robert H. Doran of Holyoke for the respondent

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

Garvey, P.J.

This is an appeal from an order allowing a petition to vacate judgment. It appears from the report that the petitioner McQuade was the plaintiff in a motor tort action in the District Court of Springfield. He was non-suited for failure to answer the defendant’s — respondent Spaulding — interrogatories and judgment was entered for her on June 10, 1966. On November 9, 1966 on Mc-Quade’s petition the judgment was vacated. The respondent claims to be aggrieved.

Appeals from an order of a judge of a District Court denying or granting a petition to vacate a judgment must go to the Superior Court. The Appellate Division does not have jurisdiction. Hopkinton v. B. F. Sturtevant Co., 285 Mass. 272, 275. Anderson v. Goodman, 341 Mass. 704, 705. Rubin Glass & Mirror Co. v. Kenneally, 14 Mass. App. Dec. 130, 133. G.L. c. 213, § 97.

The report is to be dismissed.

Sctjdebi & Conway of West Springfield for the petitioner Robert H. Doran of Holyoke for the respondent

McQuade v. Spaulding, 37 Mass. App. Dec. 123 (Mass. Ct. App. 1967).

Pincite

37 Mass. App. Dec. 123 (McQuade v. Spaulding) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related