Butchers' Slaughtering & Melting Ass'n v. City of Boston
Massachusetts Supreme Judicial Court
Contract to recover the amount of a betterment tax assessed upon the plaintiff, and paid under protest. Trial in the Superior Court, without a jury, before Mason, J., who found for the defendant; and the plaintiff alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtMorton, C. J.
The defendant relied, as a bar to the plaintiff’s action, upon a judgment in a former suit in equity between the same parties; and the Superior Court ruled that the decree in the equity suit was a conclusive bar, and rejected evidence offered by the plaintiff to show that such decree was not rendered upon the merits. We are of opinion that this ruling was erroneous.
The record of the former suit shows that a bill was duly filed and entered ; that no plea, answer, or replication was filed; that the parties, after several continuances, filed an agreement that “the bill may be dismissed, with…
2Cases cited4 opinions
- Foye v. PatchMassachusetts Supreme Judicial Court · 1882
- Kempton v. BurgessMassachusetts Supreme Judicial Court · 1883
- Norton v. City of BostonMassachusetts Supreme Judicial Court · 1875
- Jordan v. SiefertMassachusetts Supreme Judicial Court · 1878
3Cited by7 opinions
- Turner v. FlemingSupreme Court of Oklahoma · 1913
- Coyle v. Taunton Safe Deposit & Trust Co.Massachusetts Supreme Judicial Court · 1913
- Lakin v. LawrenceMassachusetts Supreme Judicial Court · 1907
- Farnum v. BradyMassachusetts Supreme Judicial Court · 1929
- Cutter v. Arlington Casket Co.Massachusetts Supreme Judicial Court · 1926
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