Jackson v. Ensign
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Supreme Judicial Court for the county of Suffolk June 14, 1907, under R. L. c. 163, § 17, to reverse a decree of the Court of Insolvency upon an assignee’s account. After a hearing was begun before Loring, J., the plaintiff moved that the bill be dismissed without prejudice, as stated in the opinion. The motion was denied, an order made that the bill be dismissed with costs, and the plaintiff except.ed.
1Opinion of the CourtBraley, J.
After the case had been opened, and evidence offered which was excluded, the plaintiff represented to the single justice that she did not desire to prosecute further, and moved for a decree dismissing the bill without prejudice. This motion having been denied, a decree was ordered dismissing the bill with costs, and affirming the decree of the Court of Insolvency. The question is, whether, as matter of law, the plaintiff’s motion should have been granted without modification. It may be conceded, if the suit is treated as an original bill for *117relief, that the plaintiff, at any time before a…
2Cases cited5 opinions
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3Cited by2 opinions
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