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RINES v. JUSTICES OF THE SUPERIOR COURT

330 Mass. 368 (1953)

113 N.E.2d 817

DAVID RINES, administrator, vs. JUSTICES OF THE SUPERIOR COURT (and a companion case).

Supreme Judicial Court of Massachusetts, Suffolk.

July 3, 1953.

Attorney(s) appearing for the Case

David Rines & Robert H. Rines, for the petitioner.

Harris A. Reynolds, Assistant Attorney General, (Joseph H. Elcock, Jr., Assistant Attorney General, with him,) for the respondents.

Present: QUA, C.J., LUMMUS, WILKINS, & COUNIHAN, JJ.

QUA, C.J.

The first case is a petition in this court for a writ of certiorari to "vacate, set aside and annual" an order for a new trial entered in the Superior Court on October 3, 1951, in each of two actions of tort there pending and numbered respectively 42024 and 42028. The second case is a petition in this court for a writ of mandamus directing the respondent justices to "vacate, set aside and annul" the same orders for new trial. After the sustaining of demurrers...

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