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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012)

Citation
Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012)
Parent Document
Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012)
Jurisdiction
Massachusetts (state)
Effective Date
2012-07-09

Other Sections in This Document (67)

Full Text

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In his remand order, the judge also stated that “[a]s to the tenant’s recovery of court costs, it is important to point out that this case was not brought pursuant to the small claims procedure although it could have been. . . . Accordingly, the plaintiff in this case should not recover civil action costs. [G. L.] c. 218, § 25. See Shaheen v. Hershfield, 247 Mass. 543, 546-547 . . . (1924).” General Laws c. 218, § 25, as amended by St. 1975, c. 377, § 13, provides that “[i]n any civil action begun by summons and complaint which might have been begun under the [small claims] procedure, the rules for the procedure may provide, or the court may by special order direct, that the cost to be recovered by the plaintiff, if he prevails, shall be eliminated in whole or in part.”