Legal Opinion

Methodist Episcopal Society v. Akers

Massachusetts Supreme Judicial Court

Decided February 25, 1897PublishedCited by 27 opinions

Bill in EQUITY, filed in the Superior Court, to compel the removal of certain buildings alleged to have been erected by the defendants upon the plaintiff’s land in Charlton, and for damages. Hearing before Gaskill, J., who, at the request of the parties, reported the case for the determination of this court. The facts appear in the opinion.

1Opinion of the CourtBarker, J.

The case comes here upon a report from the Superior Court. It was heard in that court by a master, who annexed to his report a statement of all the evidence. Both parties had exceptions to the master’s report, and the plaintiff’s exception, which was only to the exclusion of a document, a copy of which is set out in the statement of the evidence, was' sustained, and the defendants’ exceptions were overruled; and upon the request of both parties the case was reported for our determination.

We construe the report of the Superior Court to be in effect a decision confirming the master’s report,…

2Cited by27 opinions

  1. Ryan v. StavrosMassachusetts Supreme Judicial Court · 1964
  2. Institution for Savings in Newburyport & Its Vicinity v. PufferMassachusetts Supreme Judicial Court · 1909
  3. Geragosian v. Union Realty Co.Massachusetts Supreme Judicial Court · 1935
  4. Bauby v. KrasowSupreme Court of Connecticut · 1927
  5. Malinoski v. D. S. McGrath, Inc.Massachusetts Supreme Judicial Court · 1933

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