Underwood v. District Court of Lowell

This petition for a writ of mandamus, in which the petitioner alleges that a search warrant was improperly issued by the respondent, prays that this court command the respondent to recall and quash the warrant and order the return of the property seized. The petitioner excepted to the refusal of the single justice to issue an order of notice to the respondent. The single justice correctly ruled that the petition does not “present a matter of substance proper for judicial consideration.” Nichols v. Dacey, 329 Mass. 598, 600. There is no allegation of failure by the respondent to perform a…