Massachusetts Supreme Judicial Court, 1873

Ward v. Peck

Ward v. Peck
Massachusetts Supreme Judicial Court · Decided November 15, 1873 · Gray
114 Mass. 121

Ward v. Peck

Opinion of the Court

Gray, C. J.

This bill cannot be maintained for discovery, because it waives an answer under oath; nor for relief, because the plaintiff has a plain, adequate and complete remedy at law by an action for money had and received. Gen. Sts. c. 113, §§ 2, 4. 8th Rule in Chancery, 104 Mass. 570.

Demurrer sustained, and bill dismissed.

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