Old Dominion Copper Mining & Smelting Co. v. Bigelow
Massachusetts Supreme Judicial Court
Bill in equity, filed October 7,1902. The following statement of tbe case is taken from the opinion of the court: This cause came on to be heard on two demurrers.
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Bill in equity, filed October 7,1902. The following statement of tbe case is taken from the opinion of the court: This cause came on to be heard on two demurrers. The defendant filed a demurrer to the whole bill, and what purported to be a demurrer to so much of the bill “as seeks to have the sale of certain parcels of real estate conveyed to the plaintiff by Leonard Lewisohn rescinded, and to have the defendant ordered to return to the plaintiff the consideration paid by the plaintiff for said conveyance.” On the plaintiff’s stipulating that in case the demurrers or either of them should be…
1Opinion of the CourtLoring, J.
[After the foregoing statement of the case.] The only question now before us is whether the plaintiff is entitled to any relief on these facts. If it is, it is not necessary to determine what that relief is. An attempt has been made to force a decision on the nature of the relief at this time by demurring “ to so much of said bill as seeks to have the sale of certain parcels of real estate conveyed to the plaintiff by Leonard Lewisohn rescinded, and to have the defendant ordered to return to the plaintiff the consideration paid by the plaintiff for said conveyance.” But there is no part of…
2Cases cited4 opinions
- Hayward v. LessonMassachusetts Supreme Judicial Court · 1900
- Parker v. NickersonMassachusetts Supreme Judicial Court · 1884
- Warren v. Para Rubber Shoe Co.Massachusetts Supreme Judicial Court · 1896
- Niles v. GrahamMassachusetts Supreme Judicial Court · 1902
3Cited by38 opinions
- Old Dominion Copper Mining & Smelting Co. v. BigelowMassachusetts Supreme Judicial Court · 1909
- American Circular Loom Co. v. WilsonMassachusetts Supreme Judicial Court · 1908
- Long v. Inhabitants of AtholMassachusetts Supreme Judicial Court · 1907
- Hill v. HallMassachusetts Supreme Judicial Court · 1906
- Hawkes v. LackeyMassachusetts Supreme Judicial Court · 1911
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