FIRST NATIONAL BANK OF BOSTON v. BERNIER

No. 98-P-2005.

50 Mass. App. Ct. 756 (2001)

FIRST NATIONAL BANK OF BOSTON v. MARCEL L. BERNIER & others.

Court of Appeals of Massachusetts, Suffolk.

January 30, 2001.


Attorney(s) appearing for the Case

Wendy M. Mead for the defendants.

Jeffrey D. Ganz for the plaintiff.

Present: JACOBS, RAPOZA, & GELINAS, JJ.


JACOBS, J.

More than six years after obtaining a money judgment2 against the defendants (debtors), from which no appeal was taken, the plaintiff (bank) sought to obtain a late issuance of an execution. A Superior Court judge allowed the bank's motion without evidentiary hearing or comment. The debtors argue that the allowance of the motion is in direct contravention of G. L. c. 235, ...

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