Legal Opinion

Brooks v. Twitchell

Massachusetts Supreme Judicial Court

Decided January 7, 1903PublishedCited by 19 opinions

Bill in equity, filed in the Superior Court December 13, 1900, to enjoin the enforcement of a judgment in an action at law. In the Superior Court Braley J. overruled a demurrer to the bill, and made the final decree which is stated in the next to the last paragraph of the opinion. The defendant appealed.

1Opinion of the CourtBarker, J.

Two appeals are before us, one from an interlocutory decree overruling a demurrer to the bill, and one from a final decree for the plaintiff entered after a hearing upon the merits. As there is no report of the facts and no statement of the evidence the questions are whether the demurrer was over*444ruled rightly and, if so, whether the final decree could be entered upon the bill as it was framed. Langmaid v. Reed, 159 Mass. 409, 411. Commonwealth v. Suffolk Trust Co. 161 Mass. 550.

1. The first ground of demurrer is for want of equity and raises the question whether a court of equity has…

2Cases cited11 opinions

  1. Marine Ins. Co. of Alexandria v. HodgsonSupreme Court of the United States · 1813
  2. Metcalf v. WilliamsSupreme Court of the United States · 1881
  3. Hendrickson v. HinckleySupreme Court of the United States · 1855
  4. Crim v. HandleySupreme Court of the United States · 1877
  5. Pearce v. OlneySupreme Court of Connecticut · 1850

6 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Farquhar v. New England Trust Co.Massachusetts Supreme Judicial Court · 1927
  2. Nugent v. Boston Consolidated Gas Co.Massachusetts Supreme Judicial Court · 1921
  3. Noyes v. NoyesMassachusetts Supreme Judicial Court · 1919
  4. Herschman v. Justices of the Municipal CourtMassachusetts Supreme Judicial Court · 1915
  5. Joyce v. ThompsonMassachusetts Supreme Judicial Court · 1918

14 more not listed; retrieve them via the Exa API.

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