Massachusetts Supreme Judicial Court, 1899

King v. Daly

King v. Daly
Massachusetts Supreme Judicial Court · Decided January 25, 1899 · Holmes
172 Mass. 492; 52 N.E. 736; 1899 Mass. LEXIS 829

Counsel

O. W. Noyes, for the plaintiff., M. W. Brick ¿¡- A. S. Stetson, for the defendants, were not called upon.

King v. Daly

Opinion of the Court

Holmes, J.

It is enough to say that it does not appear, as matter of law, from the facts set forth in the decree, that the plaintiff was- entitled to more relief than was granted. The judge must be taken to have found as an additional fact that more was not necessary to protect the plaintiff’s rights and could not be granted with justice. We cannot say that such a finding was impossible, and we cannot revise the finding as the evidence is not before us.

Decree affirmed.

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