MONSARRAT v. MONSARRAT

No. 3952.

9 F.Supp. 374 (1934)

MONSARRAT v. MONSARRAT et al.

District Court, D. Massachusetts.

December 12, 1934.


Attorney(s) appearing for the Case

O'Neal & O'Neal and Henry J. Tilford, all of Louisville, Ky., and Kenneth D. Johnson, Donald J. Hurley, and Goodwin, Proctor & Hoar, all of Boston, Mass., for plaintiff.

Ethelbert V. Grabill, of Boston, Mass., for defendant Elizabeth H. Monsarrat.

Charles M. Rogerson, of Boston, Mass., for defendant Boston Safe Deposit and Trust Co.


McLELLAN, District Judge.

Each of the defendant's answers raises two identical questions. The first is whether, apart from any matters of form, the bill of complaint should be dismissed because it states no case for equitable relief. The second question is whether the bill should be dismissed for want of indispensable parties defendant.

No special ground for dismissal having been stated in the answers, the motion to dismiss on the first ground must depend...

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