KENDALL v. ATKINS


374 Mass. 320 (1978)

372 N.E.2d 764

THERESA KENDALL vs. LILYAN A. ATKINS, executrix.

Supreme Judicial Court of Massachusetts, Essex.

February 3, 1978.


Attorney(s) appearing for the Case

Neal C. Tully for the plaintiff.

James T. Ronan for the defendant.

Present: HENNESSEY, C.J., QUIRICO, BRAUCHER, WILKINS, & LIACOS, JJ.


BRAUCHER, J.

Toward the end of a jury trial in an action for the fair value of services rendered, the defendant, without prior notice, called the plaintiff's counsel as a witness. Appealing from a judgment entered on a verdict for the defendant, the plaintiff contends that the conduct of defense counsel was so improper and prejudicial as to deprive her of a fair and impartial trial of her claim. We affirm the judgment, but we take the occasion to comment on the procedure...

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