From Casetext: Smarter Legal Research

Kipp v. O'Reilly

Appeals Court of Massachusetts
Mar 14, 1977
360 N.E.2d 907 (Mass. App. Ct. 1977)

Opinion

March 14, 1977.

The case was submitted on briefs.

Roy Frank Kipp for the plaintiffs.

Paul J. Gillespie for the defendants.


1. We need not decide whether there was a valid waiver of the claim of trial by jury (see Vaught Constr. Corp. v. Bertonazzi Buick Co. Inc. 371 Mass. 553, 556-558 [1976]) in the one action (No. 3550) in which there was timely compliance with the first sentence of Mass.R.Civ.P. 38(b), 365 Mass. 801 (1974). The complaint in that action has not been reproduced in the appendix (compare Haddad v. Board of Appeals of Medford, 4 Mass. App. Ct. 843), and there is no showing that there ever was a right to trial by jury under G.L.c. 185A, § 23, as appearing in St. 1973, c. 1114, § 39; to the contrary, the judge's description of the nature of the action indicates that there was no such right. 2. No other point has been argued within the meaning of Mass.R.A.P. 16(a) (4), as amended effective February 24, 1975, 367 Mass. 921.

Judgments affirmed with double costs.


Summaries of

Kipp v. O'Reilly

Appeals Court of Massachusetts
Mar 14, 1977
360 N.E.2d 907 (Mass. App. Ct. 1977)
Case details for

Kipp v. O'Reilly

Case Details

Full title:ROY FRANK KIPP vs. DANIEL M. O'REILLY others (and five companion cases)

Court:Appeals Court of Massachusetts

Date published: Mar 14, 1977

Citations

360 N.E.2d 907 (Mass. App. Ct. 1977)
5 Mass. App. Ct. 795

Citing Cases

Kunen v. First Agricultural National Bank

It is for reasons such as these that we have usually adhered to a practice of declining to look at parts of…