Stone v. Stone
Massachusetts Supreme Judicial Court
Bill in equity, filed April 1, 1893, by J. Frank Stone, as mortgagee, and James Slattery, as owner, to redeem a tract of land in Holliston from a sale to the defendant for non-payment of taxes, and from a judgment for possession of the same land rendered in favor of the defendant in a writ of entry brought by him against the plaintiff Slattery.
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Bill in equity, filed April 1, 1893, by J. Frank Stone, as mortgagee, and James Slattery, as owner, to redeem a tract of land in Holliston from a sale to the defendant for non-payment of taxes, and from a judgment for possession of the same land rendered in favor of the defendant in a writ of entry brought by him against the plaintiff Slattery. Hearing in the Superior Court, before Hammond, J., who overruled the defendant’s motion to dismiss the bill, and entered a decree for the plaintiffs; and the defendant appealed to this court.
1Opinion of the CourtBarker, J.
This case, having been heard upon the merits by a justice of the Superior Court, who has entered a final decree for the plaintiffs, comes before us upon two appeals taken by the defendant.
1. The first appeal was from an interlocutory order of the Superior Court overruling the defendant’s motion to dismiss the bill for the reason that the bill was filed on April 1, 1893, and no subpoena was taken out or served until more than three months after the filing of the bill. The defendant con*475tends that no subpoena could be taken out returnable later than June 1, 1893, the bill having been filed and a…
2Cases cited1 opinion
- Keith v. WheelerMassachusetts Supreme Judicial Court · 1893
3Cited by9 opinions
- MacKintosh Co. v. WellsSupreme Court of Alabama · 1928
- International Paper Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1919
- McGeever v. O'ByrneSupreme Court of Alabama · 1919
- Barker v. MackayMassachusetts Supreme Judicial Court · 1897
- Isbell v. MillsMassachusetts Supreme Judicial Court · 1918
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