What is the name of your state? MA
I am a defendant in a small claims case where a buyer wants his full deposit returned to him on a boat. I refused, he sued and initially received a favorable judgement before a Clerk Magistrate. I felt as though something was definitely amiss in the CM judgement ( especially since the plaintiff is a police officer in the same district as the court!) and appealed to get in front of a jury.
I went to court fully prepared to make my case to a jury, and it never happened!! The judge made first call, and although the plaintiff wasn't there, his wife was. The judge asked where he was and if she was on the contract(for the boat) to which she replied, " I do not know and No I am not". The judge said he would save it for second call and that she had better go find him. Well, second call never happened!!
Apparently there was about five cases to be heard in a jury session that morning, and only one jury!! So, the criminal cases obviously took precedence over my silly little small claims case and the judge never made a second call, which obviously would have been a favorable judgement for me since the plaintiff never showed up. A clerk came and found us ( myself and the plaintiff's wife)to tell us that it would have to be continued, at which point I said I would waive my request for a jury and go before the judge (since it was an automatic win anyway), to which the clerk replied, " the case before the judge now will be the only heard by him today. I was very frustrated.
Anyone know if the judge violated protocol by not making a second call on my case after he gave the plaintiff more time to show up?!
And if so, can I file a "motion to vacate" prior judgement citing this error?!
Also, on original complaint filed by Plaintiff, it was filed with both the husband and wife listed as plaintiff's, yet the contract was only between myself and the husband; does this give me any grounds to have judgement dismissed, or am I nitpicking?!!
Thanks Everyone!!
I am a defendant in a small claims case where a buyer wants his full deposit returned to him on a boat. I refused, he sued and initially received a favorable judgement before a Clerk Magistrate. I felt as though something was definitely amiss in the CM judgement ( especially since the plaintiff is a police officer in the same district as the court!) and appealed to get in front of a jury.
I went to court fully prepared to make my case to a jury, and it never happened!! The judge made first call, and although the plaintiff wasn't there, his wife was. The judge asked where he was and if she was on the contract(for the boat) to which she replied, " I do not know and No I am not". The judge said he would save it for second call and that she had better go find him. Well, second call never happened!!
Apparently there was about five cases to be heard in a jury session that morning, and only one jury!! So, the criminal cases obviously took precedence over my silly little small claims case and the judge never made a second call, which obviously would have been a favorable judgement for me since the plaintiff never showed up. A clerk came and found us ( myself and the plaintiff's wife)to tell us that it would have to be continued, at which point I said I would waive my request for a jury and go before the judge (since it was an automatic win anyway), to which the clerk replied, " the case before the judge now will be the only heard by him today. I was very frustrated.
Anyone know if the judge violated protocol by not making a second call on my case after he gave the plaintiff more time to show up?!
And if so, can I file a "motion to vacate" prior judgement citing this error?!
Also, on original complaint filed by Plaintiff, it was filed with both the husband and wife listed as plaintiff's, yet the contract was only between myself and the husband; does this give me any grounds to have judgement dismissed, or am I nitpicking?!!
Thanks Everyone!!