Hutchins v. Nickerson
Massachusetts Supreme Judicial Court
Bill in equity filed in the Superior Court on June 27, 1911, under R. L. c. 159, § 3, cl. 8, as stated in the opinion. A plea of the defendant Glines and demurrers of the other defendants, described in the opinion, were sustained by Hardy, J., and decrees were entered dismissing the bill as to all the defendants except Nickerson, as to whom an interlocutory decree was entered that the bill be taken pro confessa.
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Bill in equity filed in the Superior Court on June 27, 1911, under R. L. c. 159, § 3, cl. 8, as stated in the opinion. A plea of the defendant Glines and demurrers of the other defendants, described in the opinion, were sustained by Hardy, J., and decrees were entered dismissing the bill as to all the defendants except Nickerson, as to whom an interlocutory decree was entered that the bill be taken pro confessa. The plaintiff appealed from the decrees dismissing the bill as to the defendants other than Nickerson.
1Opinion of the CourtRugg, C. J.
1. This is a suit in equity. In the Superior Court the only decree entered against Nickerson, the principal defendant, was that the bill be taken for confessed. This was not a final decree. Russell v. Lathrop, 122 Mass. 300. Blanchard v. Cooke, *120144 Mass. 207, 219. White v. White, 169 Mass. 52. Goff v. Hathaway, 180 Mass. 497. Frow v. De la Vega, 15 Wall. 552. Thomson v. Wooster, 114 U. S. 104. Suits in equity are not properly before this court as of right upon any appeal except from a final decree. R. L. c. 159, § 19, as amended by St. 1911, c. 284, § 1. Fuller v. Chapin, 165 Mass. 1.…
2Cases cited19 opinions
- Swift & Co. v. United StatesSupreme Court of the United States · 1905
- Frow v. De La VegaSupreme Court of the United States · 1872
- Winters v. United StatesSupreme Court of the United States · 1908
- Thomson v. WoosterSupreme Court of the United States · 1885
- Institution for Savings in Newburyport & Its Vicinity v. PufferMassachusetts Supreme Judicial Court · 1909
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