Poresky v. Probate Court

Massachusetts Supreme Judicial Court
Poresky v. Probate Court, 348 Mass. 788 (Mass. 1965)
204 N.E.2d 504

Poresky v. Probate Court

Opinion of the Court

Decrees affirmed. The single justice entered an interlocutory decree sustaining a demurrer to the bill which complains about various seemingly unrelated occurrences in the Probate Court for Worcester County. From that decree and a final decree dismissing the bill of complaint the plaintiff appealed. There was no error. The bill does not state concisely and with substantial certainty the substantive facts necessary to constitute a cause of action. It also would appear that the plaintiff’s remedy, if any, was by appeal under G. L. c. 215, § 9 (as amended through St. 1947, c. 360), and not by an independent bill in equity.

Reference

Full Case Name
Joseph L. Poresky v. Probate Court
Status
Published