Legal Opinion

Ross v. Harper

Massachusetts Supreme Judicial Court

Decided March 15, 1868PublishedCited by 5 opinions

Appeal by the defendant in a suit in equity from a final decree of Colt, J., “that the injunction heretofore issued in this suit be made perpetual, and that said defendant Harper be and hereby is perpetually enjoined from prosecuting the suit at law now pending for the recovery of the said plaintiff’s law library or any other action at law for the same cause ; and said Harper is directed to discontinue the suit now pending as aforesaid; provided that neither party shall be…

Read the full summary

Appeal by the defendant in a suit in equity from a final decree of Colt, J., “that the injunction heretofore issued in this suit be made perpetual, and that said defendant Harper be and hereby is perpetually enjoined from prosecuting the suit at law now pending for the recovery of the said plaintiff’s law library or any other action at law for the same cause ; and said Harper is directed to discontinue the suit now pending as aforesaid; provided that neither party shall be entitled to recover costs in raid suit at law against the other. And said defendant is further ordered and decreed to…

1Opinion of the Court

By the Court.

This is a simple appeal from a final decree in a suit in equity, without any assignment of reasons of appeal, and without any report of evidence or of facts found by the judge who heard the cause, and made the decree. There is nothing therefore before us except to see whether the decree is justified by the record. We find no error upon the record, and no reason for altering the decree.

The decree enjoins the defendant from further prosecuting a .¿ult at law. The defendant objects that this should not be done, because he has obtained a verdict in the suit at law upon grounds to…

2Cited by5 opinions

  1. Bancroft Trust Co. v. CananeMassachusetts Supreme Judicial Court · 1930
  2. Jennings v. WyzanskiMassachusetts Supreme Judicial Court · 1905
  3. Smith v. WenzMassachusetts Supreme Judicial Court · 1905
  4. Stanley v. StarkMassachusetts Supreme Judicial Court · 1874
  5. Ruddell v. GreenCourt of Appeals of Maryland · 1906

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API