Legal Opinion

Allen v. French

Massachusetts Supreme Judicial Court

Decided February 27, 1902PublishedCited by 5 opinions

Appeal by the defendants from a final decree made in the Superior Court by Bell, J., under the order of this court remanding the case to the' Superior Court with directions to enter a decree for the plaintiff in accordance with the opinion reported in 178 Mass. 539. The decree was as follows: “ This cause came on to be further heard at this sitting after rescript from the Supreme Judicial Court, and thereupon in accordance with said rescript it is ordered, adjudged and…

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Appeal by the defendants from a final decree made in the Superior Court by Bell, J., under the order of this court remanding the case to the' Superior Court with directions to enter a decree for the plaintiff in accordance with the opinion reported in 178 Mass. 539. The decree was as follows: “ This cause came on to be further heard at this sitting after rescript from the Supreme Judicial Court, and thereupon in accordance with said rescript it is ordered, adjudged and decreed as follows :• ‘1 First, that the transactions between James H. Wentworth and the defendant French on the fourteenth…

1Opinion of the CourtHammond, J.

It is no longer necessary under our practice that the bill should contain a prayer for general relief. The bill is to be interpreted as though it contained such a prayer, whether it be actually inserted therein or not. St. 1883, c. 223, §10.

The decree from which this appeal was taken is in accordance with the previous opinion of this court and the rescript then sent down. The transaction of July 14, 1898, is declared void and set aside by the first two clauses, and by the third clause all valid liens existing prior to the transfer are preserved. Whether there were any such liens is not…

2Cited by5 opinions

  1. Rubenstein v. LottowMassachusetts Supreme Judicial Court · 1915
  2. North Easton Co-operative Bank v. MacLeanMassachusetts Supreme Judicial Court · 1938
  3. Kilkus v. ShakmanMassachusetts Supreme Judicial Court · 1926
  4. Rubenstein v. LottowMassachusetts Supreme Judicial Court · 1916
  5. Clews v. FriedmanMassachusetts Supreme Judicial Court · 1903

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