Rice v. Winslow
Massachusetts Supreme Judicial Court
Bill in equity, filed June 28, 1900, described by the court. The defendant demurred. In the Superior Court Lawton, J. overruled the demurrer; and the defendant appealed. The judge reported the case for determination by this court. If no error was found in the ruling, the case was to stand for trial upon its merits.
1Opinion of the CourtMorton, J.
This is a bill to have a note and mortgage declared void, and the defendant enjoined from prosecuting a pending action at law on the mortgage note against the plaintiff, and from proceeding with a foreclosure sale of the premises described in the mortgage. There was a demurrer which was overruled, and the defendant appealed. Thereupon, the presiding judge, being of opinion that the matter ought to be determined before further proceedings were had, reported to this court the questions of law arising upon the demurrer and appeal.
The bill alleges that the defendant is a broker buying and selling…
2Cases cited9 opinions
- Boyce's Executors v. GrundySupreme Court of the United States · 1830
- Atwood v. FiskMassachusetts Supreme Judicial Court · 1869
- Brown v. South Boston Savings BankMassachusetts Supreme Judicial Court · 1889
- Harvey v. MerrillMassachusetts Supreme Judicial Court · 1889
- Sampson v. ShawMassachusetts Supreme Judicial Court · 1869
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3Cited by9 opinions
- Beaton v. Land CourtMassachusetts Supreme Judicial Court · 1975
- Bauer v. International Waste Co.Massachusetts Supreme Judicial Court · 1909
- Bressler v. AverbuckMassachusetts Supreme Judicial Court · 1947
- Tower v. StanleyMassachusetts Supreme Judicial Court · 1915
- Drury v. HartiganMassachusetts Supreme Judicial Court · 1942
4 more not listed; retrieve them via the Exa API.