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In the Matter of an Appeal Bond

Supreme Judicial Court of Massachusetts
Aug 14, 1998
428 Mass. 1013 (Mass. 1998)

Opinion

SJC-07718

August 14, 1998.

Supreme Judicial Court, Superintendence of inferior courts.

Practice, Civil, Appeal, Bond.

Sandra M. Singer, pro se.

Stewart A. Engel for Diana Davis.


The petitioner appeals from a judgment of a single justice of this court denying her petition under G.L.c. 211, § 3. We affirm.

The petition requests that the single justice grant relief from a decision of a single justice of the Appeals Court, pursuant to G.L.c. 239, § 5, declining to waive an appeal bond in an underlying summary process action that originated in the Housing Court. The single justice of this court correctly denied the c. 211, § 3, petition because the petitioner had an alternative remedy. The proper course for her to have followed, if she wished further to challenge the bond, was to refuse to pay the bond, suffer the dismissal of her summary process appeal, and then appeal to the Appeals Court (on the limited bond issue) from the order of dismissal. Ford v. Braman, 30 Mass. App. Ct. 968, 970 (1991). See PGR Mgt. Co. v. Credle, 427 Mass. 636, 638-639 (1998); Tamber v. Desrochers, 45 Mass. App. Ct. 234 (1998); Home Sav. Bank v. Camillo, 45 Mass. App. Ct. 910 (1998).

We do not decide various claims raised by the appellant that were not raised before the single justice. Nor do we express any view on the merits of her claims concerning the bond.

Judgment affirmed.


Summaries of

In the Matter of an Appeal Bond

Supreme Judicial Court of Massachusetts
Aug 14, 1998
428 Mass. 1013 (Mass. 1998)
Case details for

In the Matter of an Appeal Bond

Case Details

Full title:IN THE MATTER OF AN APPEAL BOND

Court:Supreme Judicial Court of Massachusetts

Date published: Aug 14, 1998

Citations

428 Mass. 1013 (Mass. 1998)
697 N.E.2d 994

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