Milton Savings Bank v. Amelung

This is an appeal from a judgment entered in the Superior Court in a summary process action. G. L. c. 239. The only question argued is the constitutionality of G. L. c. 244, § 14. Assuming that that question might properly have been raised in a summary process proceeding *802(see Wayne Inv. Corp. v. Abbott, 350 Mass. 775 [1966]), it was not raised below and cannot be raised for the first time on appeal. Young v. Mobil Oil Corp. 4 Mass. App. Ct. 805 (1976). Furthermore, the defendant had earlier instituted an action in the Superior Court in which she had sought to set aside the foreclosure of the…