Old Dominion Copper Mining & Smelting Co. v. Bigelow

• Decision Date: 04 September 1908
• Citation: 199 Mass. 488,86 N.E. 660
• Parties: OLD DOMINION COPPER MINING & SMELTING CO. v. BIGELOW.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

199 Mass. 488

86 N.E. 660

OLD DOMINION COPPER MINING & SMELTING CO. v. BIGELOW.

Supreme Judicial Court of Massachusetts, Suffolk.

September 4, 1908

COUNSEL

L. D. Brandies and E. F. McClennen, for plaintiff.

C. G. Littlefield and A. Hemenway (J. W. Farley, on the brief), for defendant.

OPINION

PER CURIAM.

Ordered, that the clerk make the following entry, viz.:

'The defendant having made an application for leave to file a supplemental answer, the decree is vacated and the case is remitted for hearing before a single justice upon the question whether the defendant shall be allowed to file the supplemental answer, and, if his motion for leave to file the supplemental answer is allowed, for a further hearing upon the matters set up in this answer, and for reversal or such modification of the original decree, if any, as ought to be made by reason of these matters. After the hearing or hearings the original decree, unless reversed, is to be entered with or without such modification, and the parties shall have the same right of appeal as they had when the decree was first made, or the justice may reserve for the full court the questions that arise upon the supplemental answer.'