Ryan v. Annelin
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on June 7, 1917, to restrain the collection of a judgment in an action at law against the plaintiff, as described in the opinion. The case was heard by Hamilton, J., who made a “final decree,” treated by this court as an order for a decree, “that said judgment in the common law case of Annelin v. Ryan is satisfied in full except for the sum of thirty-four and 11/100 dollars costs.” The defendant appealed.
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Bill in equity, filed in the Superior Court on June 7, 1917, to restrain the collection of a judgment in an action at law against the plaintiff, as described in the opinion. The case was heard by Hamilton, J., who made a “final decree,” treated by this court as an order for a decree, “that said judgment in the common law case of Annelin v. Ryan is satisfied in full except for the sum of thirty-four and 11/100 dollars costs.” The defendant appealed. At the request of the defendant with the consent of the plaintiff the judge reported the case for determination by this court. R. L. c. 203, § 9,…
1Opinion of the CourtRugg, C. J.
This is a suit in equity whereby the plaintiff seeks to restrain the defendant from collecting an execution against her. The case proceeded to trial without objection. That was a waiver of any right to set up want of equity. Bauer v. International Waste Co. 201 Mass. 197.
The pertinent facts are that the defendant at different times brought two several actions, one against the plaintiff and the other against one Canavan, both for the same cause of action, and recovered general verdicts in each action for the same amount. Judgment was entered in favor of the present defendant in the action…
2Cases cited6 opinions
- Bauer v. International Waste Co.Massachusetts Supreme Judicial Court · 1909
- Corey v. HavenerMassachusetts Supreme Judicial Court · 1902
- City of Worcester v. Lakeside Manufacturing Co.Massachusetts Supreme Judicial Court · 1899
- Cote v. New England Navigation Co.Massachusetts Supreme Judicial Court · 1912
- Savage v. StevensMassachusetts Supreme Judicial Court · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Maker v. BouthierMassachusetts Supreme Judicial Court · 1922
- Adams v. SilvermanMassachusetts Supreme Judicial Court · 1932
- Reynolds v. GrowMassachusetts Supreme Judicial Court · 1929
- Leonard v. Lumbermens Mutual Casualty Co.Massachusetts Supreme Judicial Court · 1937
- Skilton v. R. H. Long Cadillac La Salle Co.Massachusetts Supreme Judicial Court · 1929
4 more not listed; retrieve them via the Exa API.