Universal Optical Corp. v. Globe Optical Co.
Massachusetts Supreme Judicial Court
Four writs of scire facias in the Municipal Court of the City of Boston dated June 17,1915, against the Globe Optical Company, a corporation, which had' been charged as trustee in four actions brought by trustee process against the New England Wholesale Opticians, Incorporated, a corporation, as the principal defendant. In each of the cases judgment was entered against the Globe Optical Company for the amount claimed with interest and costs.
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Four writs of scire facias in the Municipal Court of the City of Boston dated June 17,1915, against the Globe Optical Company, a corporation, which had' been charged as trustee in four actions brought by trustee process against the New England Wholesale Opticians, Incorporated, a corporation, as the principal defendant. In each of the cases judgment was entered against the Globe Optical Company for the amount claimed with interest and costs. In each case the Globe Optical Company appealed to the Superior Court. In the Superior Court the four cases were heard together by Dubuque, J., without a…
1Opinion of the CourtBraley, J.
It has been decided repeatedly that the original action by trustee process and the writ of scire facias provided by R. L. c. 189, §§ 45-49, where the trustee upon -.demand does not pay over to the officer goods, , effects or credits sufficient to satisfy the execution which is to be sued out from the court where judgment was rendered, and the execution is not satisfied -otherwise, “are part of one continued and connected course of proceedings,” and that “the examination of the trustee” in the scire facias “is to be in the same manner and with the same effect” as in the original action. It is…
2Cases cited6 opinions
- Perkins v. BangsMassachusetts Supreme Judicial Court · 1910
- Fay v. SearsMassachusetts Supreme Judicial Court · 1872
- Gray v. ThrasherMassachusetts Supreme Judicial Court · 1870
- Phillips v. MeagherMassachusetts Supreme Judicial Court · 1896
- Koontz v. Baltimore & Ohio RailroadMassachusetts Supreme Judicial Court · 1915
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Donnelly v. MontagueMassachusetts Supreme Judicial Court · 1940
- Lynn Gas & Electric Co. v. Creditors National Clearing HouseMassachusetts Supreme Judicial Court · 1920
- Kolda v. National-Ben Franklin Fire InsuranceMassachusetts Supreme Judicial Court · 1935
- Barringer v. NorthridgeMassachusetts Supreme Judicial Court · 1929
- Shea v. Neponset River Marine & Sportfishing, Inc.Massachusetts Appeals Court · 1982
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