143 Mass. 144 | Mass. | 1887
We have no doubt that, in case of gross or improper delay between the time of filing the bill and of the taking out or service of the subpoena, a court of equity, in the exercise of the judicial discretion belonging to it, may refuse its assistance to the plaintiff, and direct the bill to be taken off the file. Such also is the plain intimation of several English and Irish decisions. Coppin v. Gray, 1 Y. & C. (Ch.) 205, 209. Boyd v. Higginson, Flan. & Kel. 603, 613. Forster v. Thompson, 4 Dru. & War. 303, 318. The plaintiff does not dispute this as a general doctrine, but contends that, under the statutes applicable to bills to redeem, the plaintiff, after filing his bill, is in court, and is entitled as of right to have the court proceed, and ascertain and determine whether any, and what, sum not in dispute is due on the mortgage. Pub. Sts. c. 181, § 28. It was
Bill dismissed.