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BURNHAM v. CLERK OF THE FIRST DISTRICT COURT OF ESSEX

352 Mass. 466 (1967)

226 N.E.2d 190

FRANCIS C. BURNHAM vs. CLERK OF THE FIRST DISTRICT COURT OF ESSEX.

Supreme Judicial Court of Massachusetts, Essex.

April 28, 1967.

Attorney(s) appearing for the Case

Gardner L. McDonald for the petitioner.

William E. Carey, for the respondent, submitted a brief.

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

SPIEGEL, J.

This is a petition for a writ of mandamus for a supersedeas to issue and secure the return of the execution in the case of Burnham v. MacWhinnie brought in the First District Court of Essex. It also seeks an order to compel the clerk of that court to file the petitioner's motion for a new trial.

The facts do not appear to be in dispute. The petitioner, appearing pro se, originally brought an action of replevin in the District Court...

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