Legal Opinion

Atlanta Mills v. Mason

Massachusetts Supreme Judicial Court

Decided May 22, 1876PublishedCited by 23 opinions

Bill in equity, filed October 27, 1871, against John 17. Mason, Thomas J. Harrington, Benjamin Flagg and George A. ■ Flagg, tenants in common of the estate known as the Millbury Cotton Mills. The bill alleged the following facts : The plaintiff is and for six years past has been seised in fee of certain real estate situated in said Millbury, known as the Atlanta Mills estate.

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Bill in equity, filed October 27, 1871, against John 17. Mason, Thomas J. Harrington, Benjamin Flagg and George A. ■ Flagg, tenants in common of the estate known as the Millbury Cotton Mills. The bill alleged the following facts : The plaintiff is and for six years past has been seised in fee of certain real estate situated in said Millbury, known as the Atlanta Mills estate. During this time it has had thereon a woollen mill and machinery carried by the water of the Blackstone River. The defendants own and occupy certain real estate in Millbury, situated below said premises on the same…

1Opinion of the Court

Gray, 0. J.

Issues of fact in equity may either be tried by a master, and, upon exceptions to his report, by the court; or be tried by a jury. If a party intends to demand a trial by jury, he should ordinarily do so before the case is referred to a master.

The court, in its discretion, may doubtless order an issue to a jury even after the coming in of the master’s report, if the evidence produced before the master appears to be conflicting, or his finding thereon is unsatisfactory, or the hearing before him has developed new questions of fact, or if, for other reasons, the court deems it fit…

2Cases cited1 opinion

  1. Miller v. WashburnMassachusetts Supreme Judicial Court · 1875

3Cited by23 opinions

  1. Parker v. NickersonMassachusetts Supreme Judicial Court · 1884
  2. Parsons v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1913
  3. Cheever v. GravesMassachusetts Appeals Court · 1992
  4. Price v. StrattonSupreme Court of Florida · 1903
  5. Blanchard v. MaxsonSupreme Court of Connecticut · 1911

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