MacNeil Bros. v. Superior Court, 337 Mass. 772 (1958). · Go Syfert
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MacNeil Bros. v. Superior Court, 337 Mass. 772 (1958). Cases Citing This Book View Copy Cite
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MacNeil Bros. Company
v.
Superior Court
Massachusetts Supreme Judicial Court.
May 15, 1958.
Published opinion
337 Mass. 772
Angus M. MacNeil, for the petitioner., No argument nor brief for the respondent.
Cited by 2 opinions  |  Published

Petition dismissed. This is a petition for a writ of mandamus upon which the single justice rightly refused to issue an order of notice. Garden Homes, Inc. v. District Court of Somerville, 336 Mass. 432, 434, 435. It is an attempt to obtain a review in an irregular manner of proceedings subsequent to the rescript in State Realty Co. of Boston, Inc. v. MacNeil Bros. Co. 334 Mass. 294. As pointed out by the single justice in his order, mandamus cannot be used as a súbstitute for ordinary appellate procedure. Rines v. Justices of the Superior Court, 330 Mass. 368, 371-372.