Winchester v. Winchester
Massachusetts Supreme Judicial Court
Bill ru equity for the performance of an award and the settlement of the affairs of a partnership. . The case was heard at chambers in Boston, (the plaintiff being represented by W. A. Field, and the defendant by B. F. Thomas tf Gr.
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Bill ru equity for the performance of an award and the settlement of the affairs of a partnership. . The case was heard at chambers in Boston, (the plaintiff being represented by W. A. Field, and the defendant by B. F. Thomas tf Gr. A. Torrey,') before Ames, J., who o'n October 23, 1875, made a decree, purporting upon its face to be by consent of the parties, requiring the defendant to pay certain sums of money and to execute certain conveyances, appointing a receiver, and referring the case to a master. On November 22,1875, the defendant appealed from that decree. On January 5, 1876, the…
1Opinion of the Court
By the Court.
The decree appearing to be made by consent, the appeal cannot be sustained. The only way by which the party, in such a case, can have the decree reviewed is by a petition for a rehearing or by a new bill. Downing v. Cage, 1 Eq. Cas. Ab. 165. Anon. 1 Ves. Jr. 93. Monell v. Lawrence, 12 Johns. 521. Decree affirmed.
On October 3, being the first day of October term 1876 in Worcester, the defendant presented to the full court the following petition:
“ To the Honorable the Justices of the Supreme Judicial Court, within and for the county of Worcester, sitting as a full court.
“ The…
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