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DELOACH v. TRACY

352 Mass. 135 (1967)

223 N.E.2d 918

KATHERINE DELOACH vs. PHILIP A. TRACY.

Supreme Judicial Court of Massachusetts, Suffolk.

March 2, 1967.

Attorney(s) appearing for the Case

Herbert Lord for the plaintiff.

Samuel W. Gaffer, Assistant Attorney General, for the defendant.

Present: WILKINS, C.J., WHITTEMORE, CUTTER, KIRK, & SPIEGEL, JJ.

WHITTEMORE, J.

There was no error in sustaining the demurrer in this action of tort against a District Court judge for ordering, on December 9, 1965, that the plaintiff be committed temporarily to the Boston State Hospital. Such action by a judge having jurisdiction is authorized by G.L.c. 123, § 100.

The declaration, with incorporated copy of a complaint against the plaintiff for assault and battery, and indorsements...

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