Fuller v. Chapin
Massachusetts Supreme Judicial Court
Two MOTIONS, filed by the plaintiff in the Superior Court, that issues to a jury be framed in two suits in equity, one brought to have a deed executed by the plaintiff declared void, and the other to have his written consent to his wife’s will declared void. The motions were heard together, and denied; and the plaintiff appealed to this court.
1Opinion of the CourtMorton, J.
In each of these cases the plaintiff asked for the framing of issues for a jury trial. The motions were denied, and the plaintiff appealed. The same question arises in the two cases, and they were argued and have been considered together.
The motions related to an interlocutory matter, and the orders denying them were therefore interlocutory decrees, Eames v. Eames, 16 Pick. 141. The statute, gives the right of appeal, but expressly provides that it shall not suspend the decree appealed from, nor transfer the entire cause to the full court, nor any matter therein, except whether the order…
2Cases cited12 opinions
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3Cited by12 opinions
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