Stockbridge Iron Co. v. Cone Iron Works
This text of 99 Mass. 468 (Stockbridge Iron Co. v. Cone Iron Works) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The jurisdiction of this court is exclusive over all actions in which relief in equity is prayed for. St. 1853, c. 371. Gen. Sts. c. 113, § 1. The prayer for relief gives jurisdiction of the action, and therefore no affidavit is necessary. Its character is that of a suit in equity. Irvin v. Gregory, 13 Gray, 215. Gen. Sts. c. 113, § 3. If a prayer for relief is improperly coupled with an action at law, it may be defeated by a demurrer. Harvey v. De Witt, 13 Gray, 536. No such question 18 raised by this motion to dismiss.
Decree overruling the motion to dismiss affiimed.
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99 Mass. 468, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stockbridge-iron-co-v-cone-iron-works-mass-1868.