EMPIRE APARTMENTS, INC. v. GRAY


353 Mass. 333 (1967)

231 N.E.2d 361

EMPIRE APARTMENTS, INC. vs. PHYLLIS S. GRAY & another.

Supreme Judicial Court of Massachusetts, Suffolk.

December 1, 1967.


Attorney(s) appearing for the Case

Louis H. Casson (Richard F. Casson with him) for the respondents.

Harold Katz (S. Myron Klarfeld with him) for the petitioner.

Present: WILKINS, C.J., WHITTEMORE, CUTTER, & REARDON, JJ.


WILKINS, C.J.

This petition to vacate judgments was brought in the Superior Court and was transferred to the Supreme Judicial Court by order of a single justice. In the county court the petition was allowed upon three conditions, not presently material, and the respondents excepted.

1. We first must deal with the respondents' contention that the single justice lacked power to transfer the case. The contention is based upon an unreasonable literal reading of...

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