Malinou v. Cairns

This is a petition for certiorari to the superior court to review its decision denying petitioner’s motion to vacate an ex parte order for a dedimus potestatem to take the deposition of Henry J. Cairns in Great Barring-ton, Massachusetts. We issued the writ on the strength of the allegations in the petition that the court had acted without or in excess of jurisdiction in issuing the dedimus and that the petitioner was without any adequate remedy other than by certiorari to correct such error. In compliance with the mandate of the writ the superior court has duly certified to this court its…