Bromfield v. Treasurer & Receiver General

This is an action in the nature of mandamus pursuant to G. L. c. 79, § 10A. The case is before us following a reservation and report by a single justice of this court on March 2, 1983. Mass. R. Civ. P. 64, 365 Mass. 831 (1974). The principal issue for our determination is whether an order directed to the Treasurer and Receiver General of the Commonwealth (Treasurer) should issue to compel payment of a judgment and execution rendered in an eminent domain action, where the initial appropriation authorizing the taking has been exhausted, and where the Legislature has made no new appropriation…