# Kalman v. Board of Aldermen

> Massachusetts Appeals Court · January 6, 1982 · 13 Mass. App. Ct. 904

URL: https://www.frixlaw.com/law-library/cases/6457181

## Case

- **Full name:** Neil Kalman & another v. Board of Aldermen of Chelsea & others
- **Court:** Massachusetts Appeals Court
- **Decided:** January 6, 1982
- **Citations:** 13 Mass. App. Ct. 904
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6457181

## Opinion text

It is obvious from the face of the plaintiffs’ complaint that the action was brought in the wrong county. See G. L. c. 139, § 2. Therefore, the allowance by the judge of the defendants’ motion to dismiss based, in part, on Mass.R.Civ.P. 12(b)(3), 365 Mass. 755 (1975), was not error. Nothing in Attorney Gen. v. Industrial Natl. Bank, 380 Mass. 533 (1980), requires a judge to dispose of a motion to transfer prior to ruling on a motion to dismiss. Because the judgment does not precisely indicate the ground upon which the complaint was dismissed, the judgment is vacated and another judgment dismissing the complaint pursuant to Mass.R.Civ.P. 12(b)(3) for lack of venue shall be entered. Id. at 538 .
So ordered.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6457181. Public record. Not legal advice.