Slater v. Gunn
Massachusetts Supreme Judicial Court
Bill in equity, filed December 30, 1890, in the Superior Court, alleged to be in aid of an action at law for trespass on the plaintiff’s land in Webster, and praying that the defendants may be enjoined “ from committing any further acts of trespass ” thereon. An injunction was issued in accordance with the prayer of the bill.
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Bill in equity, filed December 30, 1890, in the Superior Court, alleged to be in aid of an action at law for trespass on the plaintiff’s land in Webster, and praying that the defendants may be enjoined “ from committing any further acts of trespass ” thereon. An injunction was issued in accordance with the prayer of the bill. The case was referred to a master, exceptions to whose report were taken by the defendants, and heard and overruled by Bishop, J., who, at the request of the parties, reported the case for the determination of this court. The facts appear in the opinion.
1Opinion of the CourtMorton, J.
This case comes here on a report from the Superior Court, and the first question is whether there is jurisdiction in equity of the suit. If the result of allowing the bill to be maintained would be to transfer to the equity side of the court the trial of the question whether the defendants were guilty of trespass, as alleged in the bill, and nothing more, then it is clear that, under Washburn v. Miller, 117 Mass. 376, the bill would have to be dismissed. But previous to the filing of the bill the plaintiff had brought an action at law, and in addition to this the bill alleges that the…
2Cases cited12 opinions
- Paine v. WoodsMassachusetts Supreme Judicial Court · 1871
- Hayden v. StoneMassachusetts Supreme Judicial Court · 1873
- Commonwealth v. CoupeMassachusetts Supreme Judicial Court · 1880
- Watuppa Reservoir Co. v. City of Fall RiverMassachusetts Supreme Judicial Court · 1888
- Attorney General v. Revere Copper Co.Massachusetts Supreme Judicial Court · 1890
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3Cited by11 opinions
- Smith v. New England Aircraft Co.Massachusetts Supreme Judicial Court · 1930
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- Butler v. Attorney GeneralMassachusetts Supreme Judicial Court · 1907
- Flagg v. Inhabitants of ConcordMassachusetts Supreme Judicial Court · 1916
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