Daly v. Foss

This was a bill in equity to enforce certain restrictions upon the use of certain land. The case was tried and the trial judge* made certain findings and rulings and then reserved “ the case and all questions therein ” for the consideration of this court upon the pleadings, the evidence, and upon the findings made by him, “ such orders to be made as law and justice require.”

The defendants, alleging that the plaintiff had neglected to take the necessary measures for the completion of the reservation and the hearing in this court, moved in the Superior Court that the reservation be discharged…