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CTY. COMMRS., BRISTOL v. JUDGES PROBATE, CTY., BRISTOL

338 Mass. 738 (1959)

157 N.E.2d 245

COUNTY COMMISSIONERS OF THE COUNTY OF BRISTOL vs. THE JUDGES OF PROBATE OF THE COUNTY OF BRISTOL.

Supreme Judicial Court of Massachusetts, Bristol.

April 1, 1959.

Attorney(s) appearing for the Case

Gerald P. Walsh, for the plaintiffs.

James W. Kelleher, for the defendants.

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

WILKINS, C.J.

This bill for a binding declaration under G.L.c. 231A presents what is described as a controversy between the plaintiff county commissioners and the defendants, who are the two judges of probate of the county of Bristol, as to their relative powers with respect to the use of a court room in the "Superior Court building" in New Bedford. A single justice has reported the case without decision. The facts appear in a stipulation as to all the material facts...

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