Stockbridge Iron Co. v. Cone Iron Works

99 Mass. 468

Opinion

Wells, J.

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.