LILLIAN MALKIN GOLDSTEIN vs. HARRY MARKS & others.

HANDY CAFE, INC. vs. COSTELLO DISTRIBUTING CO.

334 Mass. 707

September 13, 1956

Decree affirmed with double costs of the appeal to the defendant. This is an appeal from a decree by a single justice dismissing a petition of the plaintiff under G. L. (Ter. Ed.) c. 214, Section 22, as amended by St. 1948, c. 309, to vacate a decree of the Superior Court appointing a receiver for the plaintiff. It is alleged in the petition that an appeal from the appointment is "awaiting entry" in the Supreme Judicial Court. The discretionary powers conferred on this court by Section 22 to suspend the operation of a decree of the Superior

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Court or to make proper interlocutory orders pending an appeal do not authorize a decision by a single justice on the merits of the appeal. There is nothing in the record which shows an abuse of discretion in dismissing the petition. The plaintiff's appeal from the dismissal is frivolous and double costs are imposed. G. L. (Ter. Ed.) c. 211, Section 10.