Randall v. Kemler

Massachusetts Supreme Judicial Court

Randall v. Kemler

76 N.E.2d 313, 321 Mass. 753, 1947 Mass. LEXIS 761

CourtMassachusetts Supreme Judicial Court

DecidedOctober 30, 1947

StatusPublished

Cited by1 cases

This text of 76 N.E.2d 313 (Randall v. Kemler) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Randall v. Kemler, 76 N.E.2d 313, 321 Mass. 753, 1947 Mass. LEXIS 761 (Mass. 1947).

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Opinion

Appeal dismissed. The judge on March 14, 1947, found for the plaintiff in an action of summary process. If the action of the judge is to be regarded as an order for judgment, Sasserno v. Sasserno, 240 Mass. 583; Watts v. Watts, 312 Mass. 442, an appeal filed on April 4, 1947, must be dismissed because it was not filed within twenty days after the entry of the order as required by G. L. (Ter. Ed.) c. 231, § 96, Burnham v. Dollard, 269 Mass. 530. Keljikian v. Star Brewing Co. 303 Mass. 53. We do not think the action of the judge was the entry of judgment, but, if it were, the present appeal would not lie. Everett-Morgan Co. v. Boyajian Pharmacy, 244 Mass. 460. Perhaps it is not improper to point out that there was no error committed by the trial judge. The notice to quit was sufficient to terminate the tenancy for the reasons stated in Walker v. Sharpe, 14 Allen, 43, Selig v. McCarthy, 281 Mass. 106, and U-Dryvit Auto Rental Co. Inc. v. Shaw, 319 Mass. 684.

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Appeal dismissed. The judge on March 14, 1947, found for the plaintiff in an action of summary process. If the action of the judge is to be regarded as an order for judgment, Sasserno v. Sasserno, 240 Mass. 583; Watts v. Watts, 312 Mass. 442, an appeal filed on April 4, 1947, must be dismissed because it was not filed within twenty days after the entry of the order as required by G. L. (Ter. Ed.) c. 231, § 96, Burnham v. Dollard, 269 Mass. 530. Keljikian v. Star Brewing Co. 303 Mass. 53. We do not think the action of the judge was the entry of judgment, but, if it were, the present appeal would not lie. Everett-Morgan Co. v. Boyajian Pharmacy, 244 Mass. 460. Perhaps it is not improper to point out that there was no error committed by the trial judge. The notice to quit was sufficient to terminate the tenancy for the reasons stated in Walker v. Sharpe, 14 Allen, 43, Selig v. McCarthy, 281 Mass. 106, and U-Dryvit Auto Rental Co. Inc. v. Shaw, 319 Mass. 684.

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Bluebook (online)

76 N.E.2d 313, 321 Mass. 753, 1947 Mass. LEXIS 761, Counsel Stack Legal Research, https://law.counselstack.com/opinion/randall-v-kemler-mass-1947.

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