(DOWNLOAD) "Degnan Et Al. v. Maryland Casualty Co." by Supreme Judicial Court of Massachusetts * Book PDF Kindle ePub Free
eBook details
- Title: Degnan Et Al. v. Maryland Casualty Co.
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 29, 1930
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
RUGG, C. J. This is an action of contract against the surety on a bond given to dissolve an attachment made in a suit in equity. The defendants in that suit were two corporations charged with having conducted quarrying and stone crushing in such a way as to constitute a nuisance and to have caused damage to health and property of the several plaintiffs. The prayers were for an injunction against blasting of stone and the continued operation of the stone crushing plant, for attachment and for the assessment of damages sustained by each of the plaintiffs. Attachment was made as prayed for and the bond here in suit was given to dissolve it. There were numerous plaintiffs in that suit who were the obligees in the bond. As to six of the plaintiffs the bill was dismissed. Two of the plaintiffs died and their personal representatives were admitted to prosecute the suit. The suit was referred to a master who made reports setting out in detail property and personal damages caused to several of the plaintiffs by the unlawful operations of the defendants. By an interlocutory decree the original and supplemental reports of the master were confirmed. Final decree was entered in October, 1927. No injunction was then requested or granted because it appeared that neither of the defendants at that time was the owner or user of the quarry. The final decree, without reciting the amounts of damages found to be due by the master or in terms establishing such amounts as debts due from the defendants, simply ordered that 'an execution issue as in an action at law in favor of' the several named prevailing plaintiffs in the sums found due by the master. In the present action on the bond the defendant filed a demurrer and appealed from an order overruling it. The case was then heard on its merits. The defendant's motion that judgment be entered in its favor was denied. It was agreed that executions had issued in conformity with the final decree in the suit in equity and were unsatisfied. It was found and ruled that the condition of the bond had been broken and judgment was entered for the penal sum. The defendant excepted to these rulings.