Massachusetts General Laws

Mass. Gen. Laws ch. 167, § 36 (2026)

Equity jurisdiction of supreme judicial court

✓ current as of July 2026
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Section 36. The supreme judicial court, or any justice thereof, shall have jurisdiction in equity to enforce the provisions of sections twenty-two to thirty-five B, inclusive, and to act upon all applications and in all proceedings thereunder.

Notes of Decisions
Cited in 6 cases, 1922–1925 · leading case: Commonwealth v. Comm'r of Banks, 133 N.E. 625 (Mass. 1922).
Commonwealth v. Comm'r of Banks, 133 N.E. 625 (Mass. 1922). “” G. L. c. 167, § 36. Thus the power of the court, while not strictly circumscribed, is to a greater or less extent, within limits which need not here be defined, bounded by the terms of the statute.”
Suffolk Knitting Mills v. Cosmopolitan Trust Co., 252 Mass. 394 (Mass. 1925). “The court is given power in equity to enforce the provisions of that and of other sections by G. L. c. 167, § 36. It is plain that as a practical matter some time must be fixed after which no proceedings at law can be instituted against the commissioner in possession of a trust…”
Comm'r of Banks v. Cosmopolitan Trust Co., 133 N.E. 630 (Mass. 1922). “399, § 16, now G. L. c. 167, § 36, upon the Supreme Judicial Court to enforce in equity the provisions of the liquidation statute.”
Comm'r of Banks v. Commonwealth-Atl. Nat'l Bank, 248 Mass. 302 (Mass. 1924). “It is provided by G. L. c. 167, § 36, that this court “ shall have jurisdiction in equity to enforce the provisions of sections twenty-two to thirty-five inclusive, and to act upon all applications and in all proceedings thereunder.”
John A. Wogan, Inc. v. Tremont Trust Co., 136 N.E. 394 (Mass. 1922). “When the amount of the lien and the credits upon which it exists have been judicially settled in the scire facias proceedings, resort may be had, if necessary, under G. L. c. 167, § 36, to *508 determine the obligation of the commissioner to satisfy the lien and the source or…”
Comm'r of Banks, 252 Mass. 348 (Mass. 1925). “Subsequently, upon an appropriate petition by the commissioner, a decree of court was entered pursuant to G. L. c. 167, § 36, fixing a specified date on or before which all persons having claims against the trust company must present and make legal proof thereof or be forever…”
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