NICHOLS v. DACEY


329 Mass. 598 (1953)

109 N.E.2d 644

MARIAN CLARKE NICHOLS vs. KATHLEEN T. RYAN DACEY & another.

Supreme Judicial Court of Massachusetts, Suffolk.

January 2, 1953.


Attorney(s) appearing for the Case

Anita G. Flaherty, for the petitioner.

Raymond F. Barrett, for the respondent Dacey.

Louis F. O'Keefe, pro se, submitted a brief.

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


QUA, C.J.

The error asserted is the refusal of the single justice to issue an order of notice upon this petition for a writ of mandamus. This question can be presented by bill of exceptions. G.L. (Ter. Ed.) c. 231, § 113, as amended by St. 1945, c. 328.

Omitting allegations of law and allegations as to the appointment and report of a special investigating committee of the Senate, which have no proper place in the petition, the case presented by the petition...

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