MUSUMECI v. LEONARDO

Eq. No. 2021.

75 A.2d 175 (1950)

MUSUMECI et ux. v. LEONARDO et ux.

Supreme Court of Rhode Island.

July 13, 1950.


Attorney(s) appearing for the Case

Arcaro, Carty & Belilove and Samuel J. Kolodney, all of Providence, for complainants.

Ralph Rotondo and Michael Addeo, both of Providence, for respondents.


CONDON, Justice.

This is a bill in equity to enjoin the maintenance of an alleged "spite fence." After a hearing on bill, answer and oral proof in the superior court a decree was entered denying and dismissing the bill of complaint. From that decree complainants have appealed to this court.

Complainants have briefed and argued their appeal on the assumption that equity will enjoin the maintenance of a fence which was erected by respondents on their own land...

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