Merchants' National Bank v. Moulton
Massachusetts Supreme Judicial Court
Bill in equity, filed July 3, 1885, against Daniel E. Moulton, George H. Carleton, and Henry P. Chaplin. The defendant Moulton filed an answer, specifically denying the allegations of the bill. On November 25,1885, he filed a paper in which he claimed a trial by jury upon all the issues raised by the pleadings, and on December 15,1885, a motion that the court frame issues to be tried by a jury on certain specific questions.
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Bill in equity, filed July 3, 1885, against Daniel E. Moulton, George H. Carleton, and Henry P. Chaplin. The defendant Moulton filed an answer, specifically denying the allegations of the bill. On November 25,1885, he filed a paper in which he claimed a trial by jury upon all the issues raised by the pleadings, and on December 15,1885, a motion that the court frame issues to be tried by a jury on certain specific questions. This motion was overruled; and the defendant Moulton appealed to the full court. The nature of the bill and the motion for issues to be framed appear in the opinion. »
1Opinion of the CourtMorton, C. J.
It is well settled that an appeal to the full court lies from the order of a single justice refusing to frame issues to a jury, in an equity case, upon the application of one of the parties. Stockbridge Iron Co. v. Hudson Iron Co. 102 Mass. 45. Harris v. Mackintosh, 133 Mass. 228.
The practice of this court has been general, to order issues to be framed upon the application of the defendant, where the right sought to be enforced by a proceeding in equity is essentially a common law right, and where the facts in dispute are such as were tried by jury according to the use and practice before and…
2Cases cited4 opinions
- Stockbridge Iron Co. v. Hudson Iron Co.Massachusetts Supreme Judicial Court · 1871
- Stockbridge Iron Co. v. Hudson Iron Co.Massachusetts Supreme Judicial Court · 1869
- Powers v. RaymondMassachusetts Supreme Judicial Court · 1884
- Harris v. MackintoshMassachusetts Supreme Judicial Court · 1882
3Cited by14 opinions
- Parker v. SimpsonMassachusetts Supreme Judicial Court · 1902
- Ginn v. AlmyMassachusetts Supreme Judicial Court · 1912
- Stockbridge v. MixerMassachusetts Supreme Judicial Court · 1913
- Matsushita Electric Corp. of America v. Sonus Corp.Massachusetts Supreme Judicial Court · 1972
- Carleton v. RuggMassachusetts Supreme Judicial Court · 1889
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