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MAHONEY v. BERNSTEIN

353 Mass. 649 (1968)

234 N.E.2d 278

RUTH N. MAHONEY, executrix, vs. HERBERT F. BERNSTEIN.

Supreme Judicial Court of Massachusetts, Plymouth.

February 7, 1968.

Attorney(s) appearing for the Case

George L. Wainwright for the petitioner.

David H. Kopelman for the respondent.

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

WHITTEMORE, J.

This proceeding on writ of error was reserved by the single justice on the pleadings, the return and his findings. The petition asks that there be vacated a judgment entered in the Superior Court on August 31, 1965, "nunc pro tunc as of November 25, 1963," in the tort action of Mahoney v. Bernstein, No. 47940. The petitioner learned of the entry about November 15, 1965, when a trial list, then issued, omitted case No. 47940. The petitioner had no remedy...

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