E. J. Fitzwilliam Co. v. Commonwealth

This is in form a suit of equitable replevin. Homrich v. Robinson, 221 Mass. 308. The defendants answered generally. The judge who heard the case made findings of fact, rulings, and an order for decree. From a final decree dismissing the bill as to two of the defendants, the plaintiff appealed.. We do not pause to consider whether this suit is properly brought under G. L. c. 258. Nash v. Commonwealth, 174 Mass. 335, 338. Burroughs v. Commonwealth, 224 Mass. 28. *106Glickman v. Commonwealth, 244 Mass. 148. No question of that nature has been raised at the bar. Since the result must be the same in…