Ward v. Peck

114 Mass. 121 | Mass. | 1873

Gray, C. J.

This bill cannot be maintained for discovery, because it waives an answer under oath; nor for relief, because the plaintiff has a plain, adequate and complete remedy at law by an action for money had and received. Gen. Sts. c. 113, §§ 2, 4. 8th Rule in Chancery, 104 Mass. 570.

Demurrer sustained, and bill dismissed.