Emery v. Bradley
Supreme Judicial Court of Maine
On exceptions. This was a bill in equity praying for an injunction, and after hearing on bill, answer and proof, the following final decree was entered, to which the defendant excepted : "That the preliminary injunction as issued upon the filing of the bill be made permanent, but to the extent and in the form following only, viz : that the said Bryant Bradley, and his attorneys and agents, are strictly enjoined and commanded by said court, under the penalty of being adjudged…
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On exceptions. This was a bill in equity praying for an injunction, and after hearing on bill, answer and proof, the following final decree was entered, to which the defendant excepted : "That the preliminary injunction as issued upon the filing of the bill be made permanent, but to the extent and in the form following only, viz : that the said Bryant Bradley, and his attorneys and agents, are strictly enjoined and commanded by said court, under the penalty of being adjudged guilty of contempt, absolutely to desist and refrain from going into or carrying on the business of photography at said…
1Opinion of the CourtEmery, J.
This equity cause was heard by a single justice upon bill, answer and evidence, a replication being waived. After a final decree for the plaintiff had been signed, entered and filed, the defendant instead of appealing generally, excepted to a single clause in the decree. This exception was allowed and is now presented to the law court.
I. The plaintiff’s counsel insists at the outset that exceptions cannot be allowed to a final decree ; that the only mode of obtaining a review by the law court of any part of the final decree is by appeal. The equity procedure act, however, seems to contemplate…
2Cases cited2 opinions
- Dwight v. HamiltonMassachusetts Supreme Judicial Court · 1873
- Boutelle v. SmithMassachusetts Supreme Judicial Court · 1874
3Cited by13 opinions
- Sears, Roebuck & Co. v. City of PortlandSupreme Judicial Court of Maine · 1949
- Usen v. UsenSupreme Judicial Court of Maine · 1940
- Nelson v. BrassingtonWashington Supreme Court · 1911
- Girouard v. Bates Manufacturing Co.Supreme Judicial Court of Maine · 1950
- American Oil Co. v. CarlisleSupreme Judicial Court of Maine · 1949
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