Home CONSERVATION COMMISSION OF NATICK vs. DEPARTMENT OF NATURAL RESOURCES & others.

3 Mass. App. Ct. 787

November 21, 1975

Upon consideration of the issues argued in the plaintiff's brief which were raised by the pleadings and are relevant to the question of the jurisdiction of the Superior Court to entertain the action before us on appeal, namely, that for judicial review, we conclude that the complaint was properly dismissed for the reasons stated by the trial judge in that part of his memorandum of decision directed to that action for judicial review.

Judgment affirmed.

Home JOSEPH C. HURLEY, executor, vs. SAMUEL F. PERKINS, JR.

3 Mass. App. Ct. 787

November 25, 1975

This case is before us on an appeal from a decree of a Probate Court which denied and dismissed a petition to vacate that part of a decree of divorce which awarded attorney to the plaintiff and provided for the sale of real estate and as equal division of the proceeds. That part of the decree was entered pursuant to a stipulation signed

Page 788

by the plaintiff and her husband. The stipulation was incorporated in the divorce decree by reference. The judge filed a report of material facts, and the evidence is reported. The judge found, contrary to the allegations of the petition, that the plaintiff had signed the stipulation with knowledge of its contents and after having conferred with her lawyer, and further that the agreement in the stipulation was fair. Those findings are supported by the evidence. Tsomides v. Tsomides, ante, 750 (1975).

Decree affirmed.