Mamber v. Massachusetts Bank & Trust Co.

The plaintiff appeals from a decree by a single justice of this court denying his petition (presumably under G. L. c. 214, § 22, as in effect prior to St. 1973, c. 1114, § 62) for revocation or modification of an interlocutory decree of the Superior Court which permitted the defendant (who is the defendant in'the case pending in the Superior Court) to amend his answer so as to state a counterclaim against the plaintiff (who is the plaintiff in the Superior Court). A refusal to exercise the discretionary power conferred on the single justice by § 22 is “not subject to review by... [the full]…