Sullivan v. Judges of the Superior Court

This is a petition for a writ of prohibition. The petitioner alleges that she is plaintiff in an action of tort now pending in the Superior Court and already assigned for trial; that the defendant therein filed a motion requesting the court to determine her mental condition in accordance with G. L. c. 123, § 99; and that the motion is being entertained and evidence heard thereon in the Superior Court. The respondents demurred.

The case comes before us on exceptions wherein it is said that at the hearing before the single justice no evidence was heard, the case being presented on statements of…