Nashua & Lowell Railroad v. Boston & Lowell Railroad
Massachusetts Supreme Judicial Court
Bill of review, filed in the Superior Court on November 23,1895, to review a decree of that court, made on October 31, 1895, in a suit in equity, for error of law apparent on the face of the record. A decree was entered dismissing the bill; and the plaintiff appealed to this court. The facts appear in the opinion.
1Opinion of the CourtField, C. J.
The defendant filed in the Superior Court a motion to dismiss the bill, and a demurrer. The motion to dismiss the bill was stated to be “ because it doth not appear that the same was filed by leave of court.” The causes of demurrer are stated to be, “first, that said bill doth not appear to be filed by leave of court, first had and obtained; secondly, that the matters and things in said bill set forth do not in manner and form in which the same are stated entitle the plaintiff to the relief prayed for, or to any relief.” The Superior Court overruled the motion to dismiss, sustained the…
2Cases cited22 opinions
- WHITING v. the Bank of the United StatesSupreme Court of the United States · 1839
- Kingsbury v. BucknerSupreme Court of the United States · 1890
- Buffington v. HarveySupreme Court of the United States · 1877
- Southard v. RussellSupreme Court of the United States · 1854
- Putnam v. DaySupreme Court of the United States · 1875
17 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Dolan v. CommonwealthMassachusetts Supreme Judicial Court · 1939
- Day v. MillsMassachusetts Supreme Judicial Court · 1913
- Lewis v. National Shawmut BankMassachusetts Supreme Judicial Court · 1939
- Sullivan v. SullivanMassachusetts Supreme Judicial Court · 1929
- Kay-Vee Realty Co. Inc. v. Town Clerk of LudlowMassachusetts Supreme Judicial Court · 1969
24 more not listed; retrieve them via the Exa API.