Ball v. Allen
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on August 25,1911, by the owner of certain land and the buildings thereon in West-port known as the William Allen Homestead, lying west of the Drift Road, so called, but not adjoining that road and separated from it by land of the defendant, across which there was a certain way known as “the causeway,” over which the plaintiff claimed a right of way, to enjoin the defendant from maintaining bars or barways across such way, where…
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Bill in equity, filed in the Superior Court on August 25,1911, by the owner of certain land and the buildings thereon in West-port known as the William Allen Homestead, lying west of the Drift Road, so called, but not adjoining that road and separated from it by land of the defendant, across which there was a certain way known as “the causeway,” over which the plaintiff claimed a right of way, to enjoin the defendant from maintaining bars or barways across such way, where formerly the defendant maintained gates, and from otherwise obstructing the way. The case was referred to Benjamin Cook,…
1Opinion of the CourtBraley, J.
The denial of the motion to recommit was discretionary with the trial judge, and his decision should not be set aside. Ginn v. Almy, 212 Mass. 486.
Nor are there any exceptions pending before this court, as the appellant mistakenly assumes. It is settled, that without a special order of the court exceptions to the report of a master are confined to objections presented to and disallowed by him as shown by his report. Smedley v. Johnson, 196 Mass. 316, 317, and cases cited. The report, however, contains no reference to any objections and, no special order having been entered, it was properly…
2Cases cited14 opinions
- Ginn v. AlmyMassachusetts Supreme Judicial Court · 1912
- Lipsky v. HellerMassachusetts Supreme Judicial Court · 1908
- Chandler v. Jamaica Pond Aqueduct Corp.Massachusetts Supreme Judicial Court · 1878
- Joyce v. DyerMassachusetts Supreme Judicial Court · 1905
- Baldwin v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1902
9 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Bickler v. BicklerTexas Supreme Court · 1966
- Murphy v. Mart Realty of Brockton, Inc.Massachusetts Supreme Judicial Court · 1965
- Hodgkins v. BianchiniMassachusetts Supreme Judicial Court · 1948
- Tehan v. Security National BankMassachusetts Supreme Judicial Court · 1959
- Les v. AlibozekMassachusetts Supreme Judicial Court · 1929
22 more not listed; retrieve them via the Exa API.