Burnham v. Clerk of First District Court

This is a petition for a writ of mandamus for a supersedeas to issue and secure the return of the execution in the case of Burnham v. MacWhinnie brought in the First District Court of Essex. It also seeks an order to compel the clerk of that court to file the petitioner’s motion for a new trial.

The facts do not appear to be in dispute. The petitioner, appearing pro se, originally brought an action of replevin in the District Court. The trial judge found for the defendant and assessed damages. “The case was then carried through the Appellate Division to this Court . . . [which] affirmed the…