Goldstein v. Tucker
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on May 18, 1916, and afterwards amended, seeking to enjoin the defendants from proceeding to enforce a warrant for the sale of certain real estate, issued upon a petition for the enforcement of a mechanic’s lien. The material allegations of the bill are described in the opinion. The defendants demurred. The demurrer was heard by Lawton, J., and by his order an interlocutory decree was entered sustaining it.
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Bill in equity, filed in the Superior Court on May 18, 1916, and afterwards amended, seeking to enjoin the defendants from proceeding to enforce a warrant for the sale of certain real estate, issued upon a petition for the enforcement of a mechanic’s lien. The material allegations of the bill are described in the opinion. The defendants demurred. The demurrer was heard by Lawton, J., and by his order an interlocutory decree was entered sustaining it. Subsequently a final decree dismissing the bill was entered by order of Fox, J., and the plaintiff appealed. The case was submitted on briefs.
1Opinion of the CourtCrosby, J.
An interlocutory decree having been entered sustaining the demurrer to the plaintiff’s amended bill, a final decree was entered dismissing the bill with costs. The case is before us on an appeal from that decree.
The bill as amended in substance alleges that the defendant MacLean had filed a mechanic’s lien' against the property of one Trackman and had brought a petition in the Superior Court to enforce the lien; that thereafter Trackman executed and delivered to MacLean a bond with sureties in due form to dissolve the lien; that on February 8, 1913, the sureties were duly approved, and…
2Cases cited8 opinions
- Shattuck v. BillMassachusetts Supreme Judicial Court · 1886
- Conant v. EvansMassachusetts Supreme Judicial Court · 1909
- Hahn v. LokerMassachusetts Supreme Judicial Court · 1918
- Chandler v. CommonwealthCourt of Appeals of Kentucky · 1862
- Robbins v. PotterMassachusetts Supreme Judicial Court · 1868
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3Cited by2 opinions
- Graustein v. H. P. Hood & Sons, Inc.Massachusetts Supreme Judicial Court · 1936
- Commonwealth v. LevinMassachusetts Supreme Judicial Court · 1984