TARDIFF, PETITIONER


328 Mass. 265 (1952)

103 N.E.2d 265

ROBERT P. TARDIFF, petitioner.

Supreme Judicial Court of Massachusetts, Suffolk.

January 9, 1952.


Attorney(s) appearing for the Case

J.J. Moss & S. Bauman, for the petitioner.

F.E. Kelly, Attorney General, C.H. Walters & M.H. Selzo, Assistant Attorneys General, for the respondent.

Present: QUA, C.J., WILKINS, SPALDING, WILLIAMS, & COUNIHAN, JJ.


QUA, C.J.

We are constrained to hold that this case is not properly before us. A petition for a writ of habeas corpus was filed in the Superior Court. The judge has attempted to report the case without decision "on the substitute petition, the return and answer."1

It is provided by G.L. (Ter. Ed.) c. 213, § 1B, inserted by St. 1939, c. 257, § 1, that questions of law arising in any type of proceeding of which concurrent...

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