Massachusetts General Laws

Mass. Gen. Laws ch. 167, § 33 (2026)

Bank aggrieved by action of commissioner; application for injunction

✓ current as of July 2026

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Section 33. Whenever any bank of whose property and business the commissioner has taken possession deems itself aggrieved thereby, it may, at any time within ten days after such taking possession, apply to the supreme judicial court to enjoin further proceedings; said court, after citing the commissioner to show cause why further proceedings should not be enjoined, and after hearing the allegations and proofs of the parties and determining the facts, may, upon the merits, dismiss such application or may enjoin the commissioner from further proceedings and direct him to surrender the said business and property to the bank.

Notes of Decisions

Cited in 3 cases, 1922–1934 · leading case: Cosmopolitan Trust Co. v. Mitchell, 242 Mass. 95 (Mass. 1922).

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Cosmopolitan Trust Co. v. Mitchell, 242 Mass. 95 (Mass. 1922). “399, G. L. c. 167, § 33. This later section provides for a full judicial review of the merits of the conduct of the commissioner of banks in taking possession of the business and assets of any banking corporation, to be had on application of such corporation filed in court…”

Ott v. Bd. of Reg. in Med., 177 N.E. 542 (Mass. 1931). “See for example G. L. c. 167, § 33, as to bank commissioner, Cosmopolitan Trust Co.”

Lowell Co-operative Bank v. Co-operative Cent. Bank, 191 N.E. 921 (Mass. 1934). “It was pointed out by the court in that case that G. L. c. 167, § 33, provided for a judicial review of the action of the commissioner, and that the two sections must be considered together; that the two provisions of the statute are complementary one of the other, and that the…”

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