Mullane v. Barclays Bank DelawareAnnotate this Case
The Supreme Judicial Court affirmed the judgment of the county court denying Petitioner’s petition under Mass. Gen. Laws ch. 211, 3 for relief from a judgment entered in a small claims matter in the district court, holding that extraordinary relief was not warranted in this case.
In the small claims matter a clerk-magistrate issued judgment in favor of Barclays Bank of Delaware as to both of Petitioner’s claims and Barclay’s counterclaims. The district court dismissed Petitioner’s claim of appeal. Petitioner moved for reconsideration, but a judge denied the motion. In his petition in the county court Petitioner sought relief from the judge’s denial of relief. The Supreme Judicial Court affirmed, holding that Petitioner waived his right to appeal and likewise was not entitled to invoke this Court’s extraordinary power of general superintendence in lieu of an appeal that Petitioner was not entitled to extraordinary relief when he failed to request a transfer to the regular civil docket pursuant to Mass. Gen. Laws ch. 218, 24.