Massachusetts General Laws

Mass. Gen. Laws ch. 235, § 16 (2026)

Execution not to issue until appellate review exhausted

✓ current as of July 2026

Find cases: SyfertCases citing this section MAmalegislature.gov (official) JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

Section 16. No execution shall issue upon a judgment until the exhaustion of all possible appellate review thereof, and the receipt by the clerk of the trial court of the appropriate rescript or order.

Notes of Decisions

Cited in 15 cases (3 in the last 5 years), 1922–2026 · leading case: Iantosca v. Step Plan Servs., Inc., 604 F.3d 24 (1st Cir. 2010).

Sort: Relevance Newest Treatment

Iantosca v. Step Plan Servs., Inc., 604 F.3d 24 (1st Cir. 2010). “” Mass. Gen. Laws ch. 235, § 16 (2010). At the time this reach-and-apply suit was filed in October 2008, a petition for certiorari was pending in the U.”

In re Fustolo, 503 B.R. 206 (Bankr. D. Mass. 2013). · cites it 2× “”) and Mass. Gen. Laws ch. 235, § 16 (“No execution shall issue upon a judgment until the exhaustion of all possible appellate review thereof, and the receipt by the clerk of the trial court of the appropriate rescript or order.”

Bird v. Capital Site Mgmt. Co., 423 Mass. 172 (Mass. 1996). · cites it 2× “), which provides that a plaintiffs demand for attached funds must be made “by force of the execution” within thirty days after the entry of a final judgment, 3 and G. L. c. 235, § 16 (1994 ed.), which was amended in 1975 (St.”

Neuwirth v. Neuwirth, 8 N.E.3d 757 (Mass. App. Ct. 2014). “See G. L. c. 235, § 16, as appearing in St. 1975, c.”

Ford v. Bender, 903 F. Supp. 2d 90 (D. Mass. 2012). · cites it 2× “The defendants contend that state law governs the issuance of the execution in this case, and that Mass. Gen. Laws ch. 235, § 16 precludes the issuance of an execution upon a judgment “until the exhaustion of all possible appellate review thereof[.”

Slive & Hanna, Inc. v. Massachusetts Comm'n Against Discrimination & Another., 178 N.E.3d 407 (Mass. App. Ct. 2021). “G. L. c. 235, § 16. The time for issuing a writ of execution is limited to "one year after the party is first entitled to take it out.”

Elias Bros. Restaurants v. Acorn Enter., Inc., 931 F. Supp. 930 (D. Mass. 1996). “” Mass.Gen.L. ch. 235, § 16. Having filed a timely notice of appeal of the Court’s June 20th Order, the defendants argue the judgment has been automatically stayed and that they are entitled to press their appeal without posting any security.”

L. Rudolph Elec. Co. v. Gibbs Oil Co., 16 Mass. App. Ct. 995 (Mass. App. Ct. 1983). “829 , 830 (1974), in G. L. c. 235, § 16, as appearing in St. 1975, c.”

C.F. Trust, Inc. v. Peterson, 8 Mass. L. Rptr. 531 (Mass. Super. Ct. 1998). · cites it 7× “The defendants, Barrie and Nancy Peterson, argue that G.L.c. 235, §16 and Massachusetts Rule of Civil Procedure 62(d) automatically stay this action pending appeal of the judgment in the Appeals Court.”

Fort Point Investments, LLC v. Kirunge-Smith (Mass. App. Ct. 2024). “16 The judge addressed the argument at a time when he could have granted effective relief; he issued an order rejecting the argument and denying the 15Although not at issue in this case, other statutes also bear on the time for issuing summary process executions relative to the…”

Anita Santos & a. v. Richard J. Buba & a. (N.H. 2017). “” Mass. Gen. Laws ch. 235, § 16 (2000). “[W]here a judge determines that an occupant’s defenses or counterclaims do not affect the right to possession, the judge may sever the counterclaims and proceed to determine possession in the summary process action.”

Renita K. Johnson v. George J. Keramas & Another. (Mass. App. Ct. 2026). “See also G. L. c. 235, § 16 25 (execution on judgment issues after appellate review is exhausted).”

Show all 15 citing cases →

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.