Thayer v. Clerk of the District Court

The plaintiff appeals from a judgment of a single justice of this court denying his petition, pursuant to G. L. c. 249, § 5 (1994 ed.), for a writ of mandamus ordering the respondents to transmit and accept as an appeal to the Superior Court the relevant documents, entry fee, and bond in regard to a District Court civil action (Thayer vs. Aiken, No. 9325-CV-0784).

The District Court judge previously had issued a default judgment and dismissed the complaint because the plaintiff had failed timely to answer interrogatories. When the plaintiff attempted to file a notice of appeal to the Superior…