Green v. Dolan

Massachusetts Supreme Judicial Court

Green v. Dolan

336 N.E.2d 908, 369 Mass. 959

CourtMassachusetts Supreme Judicial Court

DecidedOctober 30, 1975

StatusPublished

Cited by1 cases

This text of 336 N.E.2d 908 (Green v. Dolan) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Green v. Dolan, 336 N.E.2d 908, 369 Mass. 959 (Mass. 1975).

Pincite

Opinion

The defendant William Dolan moved for a physical examination under Mass. R. Civ. P. 35, 365 Mass. 793 (1974), of the plaintiff without the presence of counsel. The motion was allowed. The plaintiff then filed a petition for relief as a class action under G. L. c. 211, § 3, to establish his right to have counsel present at the examination. The single justice in the exercise of his discretion dismissed the petition. No abuse of discretion is shown here. We have previously stated that we are extremely reluctant to invoke G. L. c. 211, § 3, in matters of this nature which do not involve both the protection of a substantive right and the absence of an alternative, effective remedy. Costarelli v. Municipal Court of the City of Boston, 367 Mass. 35, 41-42 (1975). Whitmarsh v. Commonwealth, 366 Mass. 212, 215-216 (1974). Enbinder v. Commonwealth, 361 Mass. 871 (1972).

Judgment affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

The defendant William Dolan moved for a physical examination under Mass. R. Civ. P. 35, 365 Mass. 793 (1974), of the plaintiff without the presence of counsel. The motion was allowed. The plaintiff then filed a petition for relief as a class action under G. L. c. 211, § 3, to establish his right to have counsel present at the examination. The single justice in the exercise of his discretion dismissed the petition. No abuse of discretion is shown here. We have previously stated that we are extremely reluctant to invoke G. L. c. 211, § 3, in matters of this nature which do not involve both the protection of a substantive right and the absence of an alternative, effective remedy. Costarelli v. Municipal Court of the City of Boston, 367 Mass. 35, 41-42 (1975). Whitmarsh v. Commonwealth, 366 Mass. 212, 215-216 (1974). Enbinder v. Commonwealth, 361 Mass. 871 (1972).

Judgment affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

336 N.E.2d 908, 369 Mass. 959, Counsel Stack Legal Research, https://law.counselstack.com/opinion/green-v-dolan-mass-1975.

Opinion

Related

Cite This Page — Counsel Stack