Bardwell v. Ames
Massachusetts Supreme Judicial Court
Bill in equity, commenced in 1832, by Josiah Bardwell, Charles Howard and Wells Lathrop, plaintiffs, against David 4mes junior and John Ames, defendants.
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Bill in equity, commenced in 1832, by Josiah Bardwell, Charles Howard and Wells Lathrop, plaintiffs, against David 4mes junior and John Ames, defendants. The bill sets out, that on the 26th of July, 1826, the plaintiffs, with Enoch Chapin and wife, David W. Willard and Eli Stephenson, were the owners of various mills and mill sites in South Hadley, near the entrance of the South Hadley canal into Connecticut river, which mills were supplied with water from the river, by means of dams, gates, flumes and other works, as designated on a plan referred to. By a plan subsequently taken, it appears,…
1Opinion of the Court
At September term 1839, the following opinion of the Court was delivered by
Shaw C. J.
Considerable difficulty, we apprehend, has arisen in the present case, by reason of introducing many questions, both of fact and of law, into the evidence and argument, which are not necessarily embraced in the questions put in issue by the pleadings. The consequence of this course was,'that when certain opinions of the Court, in their nature preliminary, were given, and the cause was then referred to a master, the reference embraced matters which properly ought not to have been included in it. Instead…
2Cited by2 opinions
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- Fease v. VendenakkerMassachusetts Superior Court · 2012