Massachusetts Supreme Judicial Court, 1958

Rudnicki v. Superior Court

Rudnicki v. Superior Court
Massachusetts Supreme Judicial Court · Decided January 30, 1958
336 Mass. 763

Rudnicki v. Superior Court

Opinion of the Court

Exceptions overruled. Petition dismissed. This is a petition for a writ of certiorari upon which the single justice rightly refused to issue an order of notice. Garden Homes, Inc. v. District Court of Somerville, ante, 432, 434. Its purpose seems to be to set aside a declaratory decree, which the petitioner has sought “to date” unsuccessfully to set aside. Certiorari cannot be used as a substitute for ordinary appellate procedure. Rines v. Justices of the Superior Court, 330 Mass. 368, 371-372.

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