BROOKS v. REGISTRAR OF MOTOR VEHICLES


1 Mass. App. Ct. 78 (1973)

294 N.E.2d 487

JOSEPH H. BROOKS vs. REGISTRAR OF MOTOR VEHICLES.

Appeals Court of Massachusetts, Suffolk.

January 23, 1973.


Attorney(s) appearing for the Case

James F. Freeley, Jr., for the plaintiff.

Walter H. Mayo, III, Assistant Attorney General (John F. McGarry, Assistant Attorney General, with him), for the defendant.

Present: HALE, C.J., KEVILLE, & GRANT, JJ.


KEVILLE, J.

This is a petition for a writ of mandamus. The original petition was filed in the Superior Court on May 2, 1969. It was prefaced by the petitioner's motion, filed and allowed on that day, for an extension of time in which to file the petition. A demurrer was sustained to the original petition. We have before us a substitute petition filed by leave of court on January 29, 1970. It is here on appeal from the allowance of a motion to dismiss for lack of jurisdiction...

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