Noyes v. Noyes
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Supreme Judicial Court on June 23, 1916, and amended as of August 30, 1916, by James A. Noyes, both as the surviving executor of the will of James Noyes, the father of himself and of the defendant, and individually as a devisee under that will, to enjoin the defendant from the further prosecution of an action at law, which he had brought against the plaintiff and another as the executors of the will of James Noyes on an alleged agreement in…
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Bill in equity, filed in the Supreme Judicial Court on June 23, 1916, and amended as of August 30, 1916, by James A. Noyes, both as the surviving executor of the will of James Noyes, the father of himself and of the defendant, and individually as a devisee under that will, to enjoin the defendant from the further prosecution of an action at law, which he had brought against the plaintiff and another as the executors of the will of James Noyes on an alleged agreement in writing, quoted in the opinion, and which previously was before this court and was reported in 224 Mass. 125. A demurrer to…
1Opinion of the CourtBraley, J.
The defendant after rescript and before the entry of a final decree moved for leave to file a supplemental answer and that the case might be reopened. The motion having been denied and a final decree for the plaintiffs entered, he appealed to the full court.
It is unnecessary to rehearse the history of this litigation. It may be found in Noyes v. Noyes, 224 Mass. 125, and Noyes v. Noyes, 233 Mass. 55, where all the salient facts are elaborately recited. The exact question before us is, whether as matter of right, or of discretion, the defendant on the record ought to be granted a new trial to…
2Cases cited4 opinions
- Noyes v. NoyesMassachusetts Supreme Judicial Court · 1916
- Noyes v. NoyesMassachusetts Supreme Judicial Court · 1919
- Malden & Melrose Gas Light Co. v. ChandlerMassachusetts Supreme Judicial Court · 1912
- Mason v. PomeroyMassachusetts Supreme Judicial Court · 1891
3Cited by4 opinions
- Manning v. Woodlawn Cemetery Corp.Massachusetts Supreme Judicial Court · 1924
- Thurlow v. ThurlowMassachusetts Supreme Judicial Court · 1944
- Ross v. BurrageMassachusetts Supreme Judicial Court · 1921
- Daniels v. DanielsMassachusetts Supreme Judicial Court · 1922