Malloy Et Al. v. Carroll Et Al‪.‬

DONAHUE, Justice. The plaintiffs brought a bill in equity in the superior court to establish and secure their rights as members of the Boston Cement and Asphalt Finishers Union Local No. 534, a voluntary association hereinafter referred to as the union. The defendants as described in the bill are (a) four named persons and other persons too numerous to be mentioned, purporting to be officers and members of that union; (b) four named persons individually and as they officers and members of the Building Trades Council of Boston and Vicinity, a voluntary association the members of which are too numerous to be set forth herein and (c) three named persons individually and as they are officers and members of the Operative Plasterers and Cement Finishers International Association of the United States and Canada. An answer was filed by the four persons named in the first group of defendants for themselves and in behalf of the officers and members of the union; by the United Building Trades Council of Boston and Vicinity and by the Operative Plasterers & Cement Finishers International Association of the United States and Canada. The case was referred to a master and after the confirmation of his report a Judge of the superior court made an order for the entry of a final decree which provided that the defendants be restrained from interfering with the plaintiffs in the enjoyment of their rights and privileges as members of the union and reported the case to this court upon a stipulation that, if he was warranted in ordering the entry of such a decree, that decree should be entered; otherwise a decree was to be entered dismissing the bill. The rescript from this court was Decree to be entered as ordered. See Malloy v. Carroll, 272 Mass. 524, 172 N.E. 790.