Massachusetts Supreme Judicial Court April 28, 1967 (Burnham v. Clerk of First District Court)

Spiegel, J.

This is a petition for a writ of mandamus for a supersedeas to issue and secure the return of the execution in the case of Burnham v. MacWhinnie brought in the First District Court of Essex. It also seeks an order to compel the clerk of that court to file the petitioner’s motion for a new trial.

The facts do not appear to be in dispute.