| Mass. | Mar 12, 1969
The petitioner (plaintiff in Joyce v. George W. Prescott Publishing Co. 348 Mass. 790" date_filed="1965-02-25" court="Mass." case_name="Joyce v. George W. Prescott Publishing Co.">348 Mass. 790) seeks to vacate a judgment for the respondent (defendant in that case), entered in the Superior Court pursuant to a re-script of this court following its decision holding that a news item describing an action begun by the plaintiff by filing in court a written complaint was an accurate report and that a verdict should have been directed for the defendant. There was no error in the denial of the petition. See Handy v. Miner, 265 Mass. 226" date_filed="1928-11-28" court="Mass." case_name="Handy v. Miner">265 Mass. 226, 228. There is no showing or suggestion that the judgment was entered otherwise than in accordance with law. G. L. c. 231, § 122. The petitioner urges in effect that this court on the present exceptions should review and reverse the prior decision. A petition in the Superior Court to vacate judgment following rescript may not be availed of, in the Superior Court or in this court, for the purpose sought. See, however, for a discussion of some of the issues involved, Joyce v. Globe Newspaper Co., ante, 492.
Exceptions overruled.