Snow v. Boston Blank Book Manufacturing Co.
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on October 9, 1889, for an account, and for other relief. The defendants demurred, on the ground, among others, of loches. On February 25, 1890, the defendants waived their demurrer, and filed separate answers, which agreed in setting up loches as a defence.
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Bill in equity, filed in the Superior Court on October 9, 1889, for an account, and for other relief. The defendants demurred, on the ground, among others, of loches. On February 25, 1890, the defendants waived their demurrer, and filed separate answers, which agreed in setting up loches as a defence. The case was heard on August 13, 1890, by Mason, J., who dismissed the bill, and the plaintiffs on that day appealed to this court, and requested the judge “ to report the evidence and the facts found by him in said cause.” On the same day the judge made a report, which, so far as it related to…
1Opinion of the CourtC. Allen, J.
There is no doubt under our practice that, if a bill in equity discloses loches on its face, the defence may be taken by demurrer. But if the facts upon which this defence rests do not sufficiently appear on the face of the bill, then they may be set up in the answer. It has, indeed, been said elsewhere, that loches is a defence that the court will take notice of, even though not pleaded at all. Sullivan v. Portland & Kennebec Railroad, 94 U. S. 806, 811. In our practice, if a bill is demurred to on the ground of loches, and the demurrer is overruled, the defence may still be made in the…
2Cases cited6 opinions
- Twin-Lick Oil Co. v. MarburySupreme Court of the United States · 1876
- Sullivan v. Portland & Kennebec RailroadSupreme Court of the United States · 1877
- Morse v. HillMassachusetts Supreme Judicial Court · 1883
- Slack v. SlackMassachusetts Supreme Judicial Court · 1877
- Harris v. MackintoshMassachusetts Supreme Judicial Court · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Sears v. Treasurer & Receiver GeneralMassachusetts Supreme Judicial Court · 1951
- Carilli v. HerseyMassachusetts Supreme Judicial Court · 1939
- Sawyer v. CookMassachusetts Supreme Judicial Court · 1905
- Stewart v. JoyceMassachusetts Supreme Judicial Court · 1909
- Shea v. SheaMassachusetts Supreme Judicial Court · 1936
20 more not listed; retrieve them via the Exa API.