Rudnicki v. Superior Court

Massachusetts Supreme Judicial Court

Rudnicki v. Superior Court

336 Mass. 763

Massachusetts Supreme Judicial Court·Decided January 30, 1958·Published

Opinion

Exceptions overruled. Petition dismissed. This is a petition for a writ of certiorari upon which the single justice rightly refused to issue an order of notice. Garden Homes, Inc. v. District Court of Somerville, ante, 432, 434. Its purpose seems to be to set aside a declaratory decree, which the petitioner has sought “to date” unsuccessfully to set aside. Certiorari cannot be used as a substitute for ordinary appellate procedure. Rines v. Justices of the Superior Court, 330 Mass. 368, 371-372.

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Exceptions overruled. Petition dismissed. This is a petition for a writ of certiorari upon which the single justice rightly refused to issue an order of notice. Garden Homes, Inc. v. District Court of Somerville, ante, 432, 434. Its purpose seems to be to set aside a declaratory decree, which the petitioner has sought “to date” unsuccessfully to set aside. Certiorari cannot be used as a substitute for ordinary appellate procedure. Rines v. Justices of the Superior Court, 330 Mass. 368, 371-372.

Rudnicki v. Superior Court, 336 Mass. 763 (Mass. 1958).

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Opinion

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