Pratt v. McGuinness
Massachusetts Supreme Judicial Court
Bill m equity, filed July 6, and amended October 14, 1897, in the Superior Court, against Bernard McGuinness, Albert M. Armstrong, and Albert E. Armstrong, for the sale of certain personal property, alleged to have been owned in common by Sumner Fairbanks, from whom the plaintiff derived his title, and the defendant Albert M. Armstrong, and to have been mortgaged fraudulently by the latter to the defendant McGuinness ; and for other relief.
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Bill m equity, filed July 6, and amended October 14, 1897, in the Superior Court, against Bernard McGuinness, Albert M. Armstrong, and Albert E. Armstrong, for the sale of certain personal property, alleged to have been owned in common by Sumner Fairbanks, from whom the plaintiff derived his title, and the defendant Albert M. Armstrong, and to have been mortgaged fraudulently by the latter to the defendant McGuinness ; and for other relief. Hearing before Hoplcins, J., who entered a decree dismissing the bill, and, the plaintiff having appealed therefrom, reported the case for the…
1Opinion of the CourtMorton, J.
This case was heard upon the pleadings and the master’s report. There was a final decree and an appeal, and a request to the justice who heard the case to report the same under St. 1883, c. 223, § 7. The case may be treated as here on appeal, and the report may be regarded as a finding under that statute of all the facts on which the decree was founded, namely, those stated in the master’s report and those admitted by the pleadings. It is not necessary to determine the power of a single justice, independently of the statute of 1883, to report a case to the full court after the entry of a…
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