Campbell v. Justices of the Superior Court
Massachusetts Supreme Judicial Court
Petition, filed May 9, and amended June 3, 1904, for a writ of mandamus addressed to the justices of the Superior Court, commanding them to proceed with the hearing of a suit in equity pending in that court brought by the petitioner against the Carpenter-Morton Company and others. The case came on to be heard before Barker, J. upon the amended petition and answer, and was reserved by him for determination by the full court, such decree to be entered as justice might require.
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Petition, filed May 9, and amended June 3, 1904, for a writ of mandamus addressed to the justices of the Superior Court, commanding them to proceed with the hearing of a suit in equity pending in that court brought by the petitioner against the Carpenter-Morton Company and others. The case came on to be heard before Barker, J. upon the amended petition and answer, and was reserved by him for determination by the full court, such decree to be entered as justice might require. By the petition and answer, it appeared, that the suit in equity brought by the petitioner was to restrain the…
1Opinion of the CourtKnowlton, C. J.
This is a petition for a writ of mandamus to compel the justices of the Superior Court to proceed with the hearing of a suit in equity, upon exceptions to a master’s report, and thereafter upon the merits. We treat the reservation as a report of the questions of law which arise upon the record and the agreement of the parties, under the R. L. c. 156, § 7. We do not think that the slight change in this section from the language of the Pub. Sts. c. 150, § 8, was intended to change the meaning of the provision, and it has always been held that a justice of the Supreme Judicial Court, sitting at…
2Cases cited14 opinions
- Hovey v. ElliottSupreme Court of the United States · 1897
- Allen v. GeorgiaSupreme Court of the United States · 1897
- Brinkley v. . BrinkleyNew York Court of Appeals · 1871
- In re PierceWisconsin Supreme Court · 1878
- Pickett v. FergusonSupreme Court of Arkansas · 1885
9 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Root v. MacDonaldMassachusetts Supreme Judicial Court · 1927
- Real Properties, Inc. v. Board of AppealMassachusetts Supreme Judicial Court · 1946
- Liggett Drug Co. v. License CommissionersMassachusetts Supreme Judicial Court · 1936
- Lowry v. Commissioner of AgricultureMassachusetts Supreme Judicial Court · 1939
- Weeks v. Superior CourtCalifornia Supreme Court · 1921
22 more not listed; retrieve them via the Exa API.