Healy v. First District Court

The plaintiff appeals from an order dismissing this action which sought relief from a single justice of this court under G. L. c. 211, § 3. Our general superintendence power under § 3 should be exercised only in exceptional circumstances, when necessary to protect substantive rights. See Barber v. Commonwealth, 353 Mass. 236, 239 (1967); Gilday v. Commonwealth, 360 Mass. 170, 171 (1971); Myers v. Commonwealth, 363 Mass. 843, 844 (1973). We have exercised that power sparingly. Whitmarsh v. Commonwealth, 366 Mass. 212, 215 (1974). Costarelli v. Municipal Court of the City of Boston, ante, 35,…