Legal Opinion

Clark v. Williams

Massachusetts Supreme Judicial Court

Decided January 5, 1906PublishedCited by 18 opinions

Bill in equity, filed December 17, 1904, by the trustee in bankruptcy of the estate of George N. Keyes of Worcester, adjudicated a bankrupt on March 29, 1904, to set aside a bill of sale, dated September 1, 1903, of certain machinery and appliances in the manufacturing building known as the J. N. Keyes machine shop in that city.

1Opinion of the CourtHammond, J.

The defendants’ objection that the plaintiff has a plain, adequate and complete remedy at law and that therefore equity has not jurisdiction, although made in the amended answer, does not appear from the record before us *221to have been much relied upon at the hearing in the Superior Court. But however that may be, jurisdiction in favor of the plaintiff was assumed by that court, and, since the defendants did not appeal from the decree, they cannot, upon this the plaintiff’s appeal, raise this question of jurisdiction. Cohen v. Nagle, ante, 4. See also Haskell v. Merrill, 179 Mass. 120, and…

2Cases cited5 opinions

  1. Haskell v. MerrillMassachusetts Supreme Judicial Court · 1901
  2. Dempsey v. GardnerMassachusetts Supreme Judicial Court · 1879
  3. White v. South Shore RailroadMassachusetts Supreme Judicial Court · 1850
  4. Clark v. BrownMassachusetts Supreme Judicial Court · 1817
  5. South Boston Railroad v. Middlesex RailroadMassachusetts Supreme Judicial Court · 1877

3Cited by18 opinions

  1. Kilkus v. ShakmanMassachusetts Supreme Judicial Court · 1926
  2. Jordan v. LavinMassachusetts Supreme Judicial Court · 1946
  3. Lynn Morris Plan Co. v. GordonMassachusetts Supreme Judicial Court · 1925
  4. Atherton v. BeamanCourt of Appeals for the First Circuit · 1920
  5. Brown v. Floersheim Mercantile Co.Massachusetts Supreme Judicial Court · 1910

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