Libby v. Norris
| Decision Date | 03 July 1886 |
| Citation | 142 Mass. 246,7 N.E. 919 |
| Parties | LIBBY v. NORRIS. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
Chas. H. Conant and Jas. H. Carmichael, for defendant.
F.W. Qua and A.G. Lamson, for plaintiff.
It is at least doubtful whether exceptions taken in the course of the trial in a suit in equity in the superior court can properly be entered in this court until there has been a final decree in the case. But, waiving this, it is clear that these exceptions cannot be sustained. The bill is brought by the plaintiff, on behalf of himself and numerous other creditors of Vital Roberts, to enforce a trust. The interest of all the creditors in the question to be tried is the same. It is well settled that such a bill may properly be brought, or, at least, that it is within the discretion of the court to entertain it. Sears v. Hardy, 120 Mass. 524; Smith v. Williams, 116 Mass. 510; Birmingham v. Gallagher, 112 Mass. 190; Bryant v. Russell, 23 Pick. 508; Story, Eq.Pl. § 102. In such cases the court will take measures to see that all the creditors interested have the opportunity to come in, and protect their rights. This had been done by the interlocutory decree entered in the superior court, which guards the rights of all parties in interest. Exceptions overruled.
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Libby v. Norris
...142 Mass. 2467 N.E. 919LIBBYv.NORRIS.Supreme Judicial Court of Massachusetts, Middlesex.July 3, Bill in equity seeking to enforce an alleged trust in personal estate. After the reading of the pleadings in the superior court before KNOWLTON, J., and before any evidence was introduced, the de......