Legal Opinion

Kirby v. Donovan

Massachusetts Supreme Judicial Court

Decided September 12, 1917PublishedCited by 4 opinions

Bill in equity, filed in the Supreme Judicial Court on March 4, 1916, praying that the defendant Samuel B. Donovan be restrained from bringing or maintaining any action at law against the plaintiff as principal or against the New England Casualty Company as surety upon a bond to dissolve a temporary injunction granted in a suit in equity brought by the defendant Samuel B. Donovan against Joseph A. Donovan and the present plaintiff, as described in the opinion.

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Bill in equity, filed in the Supreme Judicial Court on March 4, 1916, praying that the defendant Samuel B. Donovan be restrained from bringing or maintaining any action at law against the plaintiff as principal or against the New England Casualty Company as surety upon a bond to dissolve a temporary injunction granted in a suit in equity brought by the defendant Samuel B. Donovan against Joseph A. Donovan and the present plaintiff, as described in the opinion. The case was heard by Carroll, J., who made a memorandum of decision, containing the findings that are stated in the opinion. He…

1Opinion of the CourtLoring, J.

This is an appeal from a decree dismissing a bill brought to enjoin the defendant Samuel B. Donovan from enforcing a bond to dissolve an injunction signed by the plaintiff Kirby as one of the principals and by the New England Casualty Company as surety.

The facts are these: In November, 1912, the defendant Samuel B. Donovan brought a bill in equity in the Superior Court alleging that he was entitled to a one quarter interest in the profits of a real estate partnership for buying, developing and selling four specific parcels of land therein described; that Joseph A. Donovan, (brother of Samuel…

2Cases cited5 opinions

  1. H. G. Kilbourne Co. v. Standard Stamp Affixer Co.Massachusetts Supreme Judicial Court · 1913
  2. Tracy v. MaloneyMassachusetts Supreme Judicial Court · 1870
  3. Welch v. FoxMassachusetts Supreme Judicial Court · 1910
  4. Donovan v. DonovanMassachusetts Supreme Judicial Court · 1916
  5. Tehan v. Justices of the Municipal Court of BostonMassachusetts Supreme Judicial Court · 1906

3Cited by4 opinions

  1. Sullivan v. JordanMassachusetts Supreme Judicial Court · 1941
  2. Garsson v. American Diesel Engine Corp.Massachusetts Supreme Judicial Court · 1942
  3. Kevorkian v. Superior CourtMassachusetts Supreme Judicial Court · 1936
  4. Burrell v. WhitingMassachusetts Supreme Judicial Court · 1949

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