Legal Opinion

Fish v. Fiske

Massachusetts Supreme Judicial Court

Decided September 2, 1891PublishedCited by 7 opinions

Bill in equity, filed December 5, 1887, in this court, under the Pub. Sts. c. 151, § 2, cl. 11, and the St. of 1884, c. 285, § 1, to compel the defendant to sell and transfer his membership in the Boston Stock Exchange, and to apply the proceeds to the plaintiff’s claim.

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Bill in equity, filed December 5, 1887, in this court, under the Pub. Sts. c. 151, § 2, cl. 11, and the St. of 1884, c. 285, § 1, to compel the defendant to sell and transfer his membership in the Boston Stock Exchange, and to apply the proceeds to the plaintiff’s claim. On December 31, 1888, a decree was entered by a single justice, which recited the defendant’s indebtedness to the plaintiff in the sum of $6,050, and that the defendant had no property that could be reached or taken on execution in an action at law, and ordered him forthwith to sell and transfer such membership in due form,…

1Opinion of the CourtKhowltoh, J.

The agreement in writing filed by the parties, and their request that the case be reserved for the full court on the original appeal, the pleadings subsequent thereto, and the agreed statement of facts, are a waiver of all questions of form in regard to the proceedings previously had, and the manner of bringing the case before us. We may, therefore, consider the entire case on its merits.

If we assume in favor of the plaintiff, without deciding, that the bill was properly brought, and that the decree of the single justice in favor of the plaintiff was well warranted by the facts existing when…

2Cases cited4 opinions

  1. Powers v. RaymondMassachusetts Supreme Judicial Court · 1884
  2. Barton v. WhiteMassachusetts Supreme Judicial Court · 1887
  3. Squire v. LincolnMassachusetts Supreme Judicial Court · 1884
  4. Trow v. LovettMassachusetts Supreme Judicial Court · 1877

3Cited by7 opinions

  1. Rioux v. CroninMassachusetts Supreme Judicial Court · 1915
  2. Snyder v. SmithMassachusetts Supreme Judicial Court · 1904
  3. O'Dell v. BoydenCourt of Appeals for the Sixth Circuit · 1906
  4. Nashua Savings Bank v. AbbottMassachusetts Supreme Judicial Court · 1902
  5. Rosenthal v. MaletzMassachusetts Supreme Judicial Court · 1948

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