Mooney v. Hinds
Massachusetts Supreme Judicial Court
Bill in equity, filed December 27, 1892, alleging that the plaintiff, who resided in Shanrod, Ireland, was a brother of the defendants, who were residents of this Commonwealth, and of one William Mooney, late a resident of Bridgeport, Mono County, California, who died on March 31, 1890, in Esmeralda County, Nevada, intestate, leaving an estate consisting of both personal and real property; that the plaintiff and the defendants are the only heirs at law of William Mooney, and…
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Bill in equity, filed December 27, 1892, alleging that the plaintiff, who resided in Shanrod, Ireland, was a brother of the defendants, who were residents of this Commonwealth, and of one William Mooney, late a resident of Bridgeport, Mono County, California, who died on March 31, 1890, in Esmeralda County, Nevada, intestate, leaving an estate consisting of both personal and real property; that the plaintiff and the defendants are the only heirs at law of William Mooney, and that, as one of such heirs, the plaintiff was entitled to a one-third distributive share in the estate of his deceased…
1Opinion of the CourtLathrop, J.
The bill in this case admits that the court in California which rendered the decree complained of had jurisdiction over the settlement of the estate of William Mooney. The plaintiff seeks to avoid the effect of the decree by alleging that it was obtained by the fraud, misrepresentation, and gross and wanton negligence and mistake of the defendants. The question raised by the demurrer is whether, admitting the facts alleged in the bill to be true, this court has any power to *471grant the relief prayed for, while the original decree remains unreversed by the court which made it, or by any…
2Cases cited6 opinions
- Case of Broderick's WillSupreme Court of the United States · 1875
- Hanley v. DonoghueSupreme Court of the United States · 1885
- Christmas v. RussellSupreme Court of the United States · 1866
- Simmons v. SaulSupreme Court of the United States · 1891
- Ritchie v. Franklin CountySupreme Court of the United States · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Durfee v. DurfeeMassachusetts Supreme Judicial Court · 1936
- Mottu v. Davis.Supreme Court of North Carolina · 1909
- Chittick v. ChittickMassachusetts Supreme Judicial Court · 1955
- University of Pennsylvania v. HalpernMassachusetts District Court, Appellate Division · 2009
- Bentley v. MarshallMassachusetts District Court, Appellate Division · 1965
3 more not listed; retrieve them via the Exa API.