Whitehouse v. Aiken
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on February ll, 1905, by a dentist having rooms on the second floor of No. 493 on Washington Street in Boston, to enjoin the defendant from interfering with the plaintiff’s placing a rectangular show case, -with the permission of the owners of the building, in the vestibule used as an entrance to the stairway leading to the rooms of •the plaintiff, and from tearing down and removing such show case when so placed.
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Bill in equity, filed in the Superior Court on February ll, 1905, by a dentist having rooms on the second floor of No. 493 on Washington Street in Boston, to enjoin the defendant from interfering with the plaintiff’s placing a rectangular show case, -with the permission of the owners of the building, in the vestibule used as an entrance to the stairway leading to the rooms of •the plaintiff, and from tearing down and removing such show case when so placed. In the Superior Court the case was heard by Sheldon, J., who made a decree dismissing the bill. The plaintiff appealed. The findings of…
1Opinion of the CourtBraley, J.
This is a bill in equity to enjoin the removal of a show case belonging to the plaintiff, and which either has been affixed or placed by him in proximity to certain premises occupied by the defendant. In the Superior Court a decree was entered dismissing the bill, and the case comes here on the plaintiff’s appeal, 'without a report of the evidence, but with certain findings of fact made by the presiding judge. Under the established practice these findings are to be considered as conclusive. East Tennessee Land Co. v. Leeson, 183 Mass. 37, 38.
It appears from the facts that both parties under…
2Cases cited3 opinions
- Marwedel v. CookMassachusetts Supreme Judicial Court · 1891
- Case v. MinotMassachusetts Supreme Judicial Court · 1893
- East Tennessee Land Co. v. LeesonMassachusetts Supreme Judicial Court · 1903
3Cited by10 opinions
- Winchester v. O'BrienMassachusetts Supreme Judicial Court · 1929
- Levin v. RoseMassachusetts Supreme Judicial Court · 1939
- Blanchard v. Stone's Inc.Massachusetts Supreme Judicial Court · 1939
- Raynes v. StevensMassachusetts Supreme Judicial Court · 1914
- Shepard v. Worcester County Institution for SavingsMassachusetts Supreme Judicial Court · 1939
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