Massachusetts Supreme Judicial Court, 1958

MacNeil Bros. v. Superior Court

MacNeil Bros. v. Superior Court
Massachusetts Supreme Judicial Court · Decided May 15, 1958
337 Mass. 772
MacNeil Bros. v. Superior Court

Cases that cite this one

2 later published cases cite this decision.

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Petition dismissed. This is a petition for a writ of mandamus upon which the single justice rightly refused to issue an order of notice. Garden Homes, Inc. v. District Court of Somerville, 336 Mass. 432, 434, 435. It is an attempt to obtain a review in an irregular manner of proceedings subsequent to the rescript in State Realty Co. of Boston, Inc. v. MacNeil Bros. Co. 334 Mass. 294. As pointed out by the single justice in his order, mandamus cannot be used as a súbstitute for ordinary appellate procedure. Rines v. Justices of the Superior Court, 330 Mass. 368, 371-372.

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