McCusker v. Geiger
Massachusetts Supreme Judicial Court
Bill if equity, filed in the Superior Court on June 2,1904, and amended on April 10, 1905, seeking to redeem certain real estate on Washington Street in Boston from a mortgage, purporting to be given to secure a promissory note for $2,250, by the payment of $250. The case was heard by Stevens, J. It appeared that on May 14, 1903, the plaintiff and the defendant Geiger entered into an agreement in writing for the exchange of real properties, which was carried out exactly in…
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Bill if equity, filed in the Superior Court on June 2,1904, and amended on April 10, 1905, seeking to redeem certain real estate on Washington Street in Boston from a mortgage, purporting to be given to secure a promissory note for $2,250, by the payment of $250. The case was heard by Stevens, J. It appeared that on May 14, 1903, the plaintiff and the defendant Geiger entered into an agreement in writing for the exchange of real properties, which was carried out exactly in accordance with its terms. The plaintiff had unimproved land in Newton and the defendant Geiger had improved real…
1Opinion of the Court
KífOWLTOír, O. J.
The defendants took exceptions to the refusal of the judge to give certain rulings requested on questions of law at the hearing upon the exceptions to the master’s report. These exceptions were allowed and are now before us for consideration. What is called a final decree was entered in the case and an appeal was taken therefrom.
The entry of this decree was irregular and unwarranted. The pendency of exceptions deprived the court of the power to enter a final decree, which, like a formal judgment in an action at law, is a final disposition of the case unless an appeal is sub*52seq…
2Cases cited24 opinions
- Dawe v. MorrisMassachusetts Supreme Judicial Court · 1889
- Durkin v. CobleighMassachusetts Supreme Judicial Court · 1892
- Clark v. New England Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1850
- Kline v. BakerMassachusetts Supreme Judicial Court · 1868
- Southbridge Savings Bank v. Exeter Machine WorksMassachusetts Supreme Judicial Court · 1879
19 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Barrie v. QuinbyMassachusetts Supreme Judicial Court · 1910
- Kennedy v. WelchMassachusetts Supreme Judicial Court · 1907
- Pybus v. GrassoMassachusetts Supreme Judicial Court · 1945
- Carilli v. HerseyMassachusetts Supreme Judicial Court · 1939
- Commonwealth v. MillenMassachusetts Supreme Judicial Court · 1935
33 more not listed; retrieve them via the Exa API.