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Beeman v. Kneeland

Massachusetts Appellate Division, Northern District
Aug 4, 1981
1981 Mass. App. Div. 180 (Mass. Dist. Ct. App. 1981)

Opinion

August 4, 1981.

Present: Cowdrey, P.J., Forte Tiffany, JJ.

Practice, Civil, Petition to establish draft report; Dist./Mun. Cts. R. Civ. P., Rule 64 (c) (5) and (e), Verification by affidavit.

Report of court's action on defendant's petition to establish draft report. Action heard in the Central Middlesex Division by Clancy, J.

William J. Barron for the plaintiffs.

Thomas E. Kneeland, Jr., pro se.



This is a petition to establish the defendant's draft report upon which the trial judge took no action. Prior to the expiration of three months from the filing of the draft report, the clerk sent the defendant the prescribed 14 day notice as called for by Rule 64(c)(5). Whereupon, this petition to establish a report was filed to preserve the viability of the defendant's appeal.

Rule 64(e) specifies the required contents of a petition to establish a report. One requirement is that the petition's conformity to the truth be verified by affidavit.

Without being "verified by affidavit," the petition must be dismissed. Lasell v. Director of Division of Employment Security, 325 Mass. 23 (1949); O'Flanagan v. Smith, 317 Mass. 770 (1944); DuBois v. Boston Maine RR, 315 Mass. 758 (1944); Parkway Imports Inc. v. Askinos, 37 Mass. App. Dec. 200 (1967).

Petition is dismissed.


Summaries of

Beeman v. Kneeland

Massachusetts Appellate Division, Northern District
Aug 4, 1981
1981 Mass. App. Div. 180 (Mass. Dist. Ct. App. 1981)
Case details for

Beeman v. Kneeland

Case Details

Full title:Robert Beeman vs. Thomas E. Kneeland, Jr

Court:Massachusetts Appellate Division, Northern District

Date published: Aug 4, 1981

Citations

1981 Mass. App. Div. 180 (Mass. Dist. Ct. App. 1981)