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MARTIN EDWARD, INC. v. APPELLATE DIV. FOR THE N. DIST.

336 Mass. 52 (1957)

143 N.E.2d 264

MARTIN EDWARD, INC. & others vs. APPELLATE DIVISION FOR THE NORTHERN DISTRICT.

Supreme Judicial Court of Massachusetts, Middlesex.

May 8, 1957.

Attorney(s) appearing for the Case

Angus M. MacNeil, for the petitioner.

Edward F. Mahony, Assistant Attorney General, for the respondent.

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

WHITTEMORE, J.

There was no error in sustaining the demurrer to this petition for a writ of certiorari. No meritorious point is presented by the petitioners' appeal from the order. The petition as originally filed averred that the respondents erred in establishing a report on a petition to establish, in that they did not conform to evidence before them (see Rule 30 of the District Courts [1952]) and in refusing leave "to have the testimony ... [before them] recorded...

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