Arnold v. Maxwell

The defendant Maxwell, to whom we shall hereafter

refer as the defendant, having waived his exceptions to the master’s report and his appeal from the order of the single justice * declining to recommit, the question for decision is whether upon the master’s findings the bill can be maintained.

“It is an elementary rule of equity pleading, that the bill must contain a clear and exact statement of all the material facts upon which the plaintiff’s right to the relief sought depends, and that he can only introduce evidence of such facts as are thus stated.” Drew v. Beard, 107 Mass. 64, 73. The bill…