Legal Opinion

Empire Apartments, Inc. v. Gray

Massachusetts Supreme Judicial Court

Decided December 1, 1967PublishedCited by 13 opinions

1Opinion of the CourtWilkins, C.J.

This petition to vacate judgments was brought in the Superior Court and was transferred to the Supreme Judicial Court by order of a single justice. In the county court the petition was allowed upon three conditions, not presently material, and the respondents excepted.

1. We first must deal with the respondents’ contention that the single justice lacked power to transfer the case. The contention is based upon an unreasonable literal reading of G. L. c. 211, § 4A, inserted by St. 1962, c. 722, § 2. This is a long section, the first paragraph of which reads, “The supreme judicial court or a…

2Cases cited7 opinions

  1. Peterson v. HopsonMassachusetts Supreme Judicial Court · 1940
  2. Fanciullo v. B. G. & S. Theatre Corp.Massachusetts Supreme Judicial Court · 1937
  3. Everett-Morgan Co. v. Boyajian PharmacyMassachusetts Supreme Judicial Court · 1923
  4. Kaufman v. BuckleyMassachusetts Supreme Judicial Court · 1933
  5. Commonwealth v. GedziumMassachusetts Supreme Judicial Court · 1927

2 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Spence v. ReederMassachusetts Supreme Judicial Court · 1981
  2. State Board of Retirement v. BulgerMassachusetts Supreme Judicial Court · 2006
  3. Sabree v. CommonwealthMassachusetts Supreme Judicial Court · 2000
  4. Cohen v. Attorney GeneralMassachusetts Supreme Judicial Court · 1968
  5. Commonwealth v. BrownMassachusetts Supreme Judicial Court · 1985

8 more not listed; retrieve them via the Exa API.

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