WINCH v. REGISTRAR OF MOTOR VEHICLES


334 Mass. 271 (1956)

135 N.E.2d 17

GEORGE A. WINCH vs. REGISTRAR OF MOTOR VEHICLES & another.

Supreme Judicial Court of Massachusetts, Suffolk.

June 5, 1956.


Attorney(s) appearing for the Case

Sidney S. von Loesecke, (Joseph L. Shea with him,) for the plaintiff.

Edward F. Mahony, Assistant Attorney General, (Samuel H. Cohen, Assistant Attorney General, with him,) for the defendants.

Present: QUA, C.J., RONAN, SPALDING, COUNIHAN, & WHITTEMORE, JJ.


QUA, C.J.

This is a bill in equity praying for a declaratory decree under G.L. (Ter. Ed.) c. 231A to the effect that G.L. (Ter. Ed.) c. 90A, inserted by St. 1953, c. 570, § 1, is unconstitutional, and for consequential relief. The defendants are the registrar of motor vehicles and the commissioner of insurance. They have demurred on the ground that the plaintiff's remedy is under the State administrative procedure law, G.L. (Ter. Ed.) c. 30A, inserted by St....

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