Legal Opinion

In re an Appeal Bond

Massachusetts Supreme Judicial Court

Decided August 14, 1998No. 1PublishedCited by 7 opinions

1Opinion of the Court

The petition requests that the single justice grant relief from a decision of a single justice of the Appeals Court, pursuant to G. L. c. 239, § 5, declining to waive an appeal bond in an underlying summary process action that originated in the Housing Court. The single justice of this court correctly denied the c. 211, § 3, petition because the petitioner had an alternative remedy. The proper course for her to have followed, if she wished further to challenge the bond, was to refuse to pay the bond, suffer the dismissal of her summary process appeal, and then appeal to the Appeals Court (on…

2Cases cited4 opinions

  1. PGR Management Co. v. CredleMassachusetts Supreme Judicial Court · 1998
  2. Tamber v. DesrochersMassachusetts Appeals Court · 1998
  3. Home Savings Bank of America, FSB v. CamilloMassachusetts Appeals Court · 1998
  4. Ford v. BramanMassachusetts Appeals Court · 1991

3Cited by7 opinions

  1. Burnham v. Clerk of the Peabody Division of the District Court DepartmentMassachusetts Supreme Judicial Court · 2000
  2. Elgbe v. Pine Street Inn, Inc.Massachusetts Supreme Judicial Court · 2004
  3. Pina v. Massachusetts Society for the Prevention of Cruelty to AnimalsMassachusetts Supreme Judicial Court · 2006
  4. Yahya v. Rocktop Partners I, LP.Massachusetts Supreme Judicial Court · 2018
  5. 21st MORTGAGE CORPORATION v. BRUCE CLARK DeMUSTCHINE.Massachusetts Appeals Court · 2022

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