Moustakis v. Hellenic Orthodox Society

This is a petition for a writ of mandamus. It was referred to an auditor, who filed a report dealing with all the issues raised. It was heard upon the pleadings and the auditor’s report by a single justice, who found the facts as stated in the auditor’s report. At the request of all parties the case then was reported for the determination of the full court upon the pleadings and the facts thus found.

This form of report presents for consideration only the question of law, whether the writ ought to issue. It does not involve any question of discretion. Boucher v. Salem Rebuilding Commission,…