Debinson v. Emmons
Massachusetts Supreme Judicial Court
Bill in equity, brought to secure possession of three bankbooks alleged to have been given to the plaintiff as a gift mortis causa by her aunt, Julia Murphy, and to have been wrongfully taken and detained by the defendant, who was the administrator of the estate of Julia Murphy. The case was heard in the Superior Court, and a final decree was entered for the plaintiff, from which the defendant appealed. The material facts appear in the opinion.
1Opinion of the CourtBarker, J.
As the case was heard upon its merits by a justice of the Superior Court' and is here only by appeal, with no statement of rulings made or of facts found, but with the evidence taken under the rule, the question is whether, giving due weight to the decision of the court below so far as findings of fact are involved, the decree clearly appears to be erroneous. If not, it is to stand. Reed v. Reed, 114 Mass. 372. Montgomery v. Pickering, 116 Mass. 227, 230. Allen v. Allen, 117 Mass. 27, 29. Andrews v. Gilman, 122 Mass. 471. Newton v. Baker, 125 Mass. 30, 33. Holmes v. First National Bank of…
2Cases cited14 opinions
- Pierce v. Boston Five Cents Savings BankMassachusetts Supreme Judicial Court · 1880
- Montgomery v. PickeringMassachusetts Supreme Judicial Court · 1874
- Reed v. ReedMassachusetts Supreme Judicial Court · 1874
- Coleman v. ParkerMassachusetts Supreme Judicial Court · 1873
- McGrath v. ReynoldsMassachusetts Supreme Judicial Court · 1875
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3Cited by17 opinions
- Knight v. TrippCalifornia Supreme Court · 1898
- Apache State Bank v. DanielsSupreme Court of Oklahoma · 1911
- Bone v. HolmesMassachusetts Supreme Judicial Court · 1907
- Dickinson v. ToddMassachusetts Supreme Judicial Court · 1898
- Foley v. HarrisonSupreme Court of Missouri · 1911
12 more not listed; retrieve them via the Exa API.