DEACY v. BERBERIAN


344 Mass. 321 (1962)

182 N.E.2d 514

GRACE A. DEACY vs. JOHN BERBERIAN & another.

Supreme Judicial Court of Massachusetts, Middlesex.

May 9, 1962.


Attorney(s) appearing for the Case

James T. Cassidy, Jr., for the defendants.

John J. Fitzpatrick; for the plaintiff.

Present: WILKINS, C.J., WHITTEMORE, CUTTER, KIRK, & SPIEGEL, JJ.


SPIEGEL, J.

This is a bill in equity seeking to enjoin the defendants from interfering with the rights of the plaintiff in the use of a twelve foot passageway. The suit was referred to a master. The defendants filed objections to the master's report which, under Rule 90 of the Superior Court (1954), are treated as exceptions. An interlocutory decree was entered overruling the exceptions and confirming the master's report. A final decree favorable to the plaintiff...

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