Massachusetts Appeals Court April 28, 2000, No. 98-P-1825 (Fijal v. Anderson)

The plaintiff, by electing to file his contract claim against the defendant under the small claims procedure in a District Court, waived, by the express terms of G. L. c. 218, § 23, second par., his right to a jury trial and to any appeal from any adverse ruling to the District Court jury-of-six session; and by the terms of § 23, tenth par.