BROMFIELD v. TREASURER & RECEIVER GENERAL


390 Mass. 665 (1983)

459 N.E.2d 445

MOLLIE H. BROMFIELD & another, executors, & others vs. TREASURER AND RECEIVER GENERAL & another.

Supreme Judicial Court of Massachusetts, Suffolk.

December 29, 1983.


Attorney(s) appearing for the Case

J. Owen Todd for the plaintiffs.

Elizabeth Bowen Donovan, Assistant Attorney General, for the defendants.

Present: HENNESSEY, C.J., WILKINS, LIACOS, ABRAMS, NOLAN, LYNCH, & O'CONNOR, JJ.


NOLAN, J.

This is an action in the nature of mandamus pursuant to G.L.c. 79, § 10A. The case is before us following a reservation and report by a single justice of this court on March 2, 1983. Mass. R. Civ. P. 64, 365 Mass. 831 (1974). The principal issue for our determination is whether an order directed to the Treasurer and Receiver General of the Commonwealth (Treasurer) should issue to compel payment of a judgment and execution rendered in an eminent domain...

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