Legal Opinion
Kolda v. National-Ben Franklin Fire Insurance
Massachusetts Supreme Judicial Court
Decided March 25, 1935PublishedCited by 34 opinions
1Opinion of the CourtRugg, C.J.
This is a writ of scire facias brought against the defendant, which was adjudged a trustee in an action begun by the plaintiff by trustee process against one Blanche Kuzmuk as principal defendant. It is brought pursuant to G. L. (Ter. Ed.) c. 246, § 45, to secure judgment and execution against the defendant, which has not paid upon demand the execution issued in the original action. Such a scire facias is not an independent civil action but a judicial writ to enforce the judgment previously rendered. The original action and the writ of scire facias "are part of one continued and connected…
2Cases cited27 opinions
- Mutual Life Insurance v. Hurni Packing Co.Supreme Court of the United States · 1923
- Loanes v. GastMassachusetts Supreme Judicial Court · 1913
- Sweeney v. Morey & Co.Massachusetts Supreme Judicial Court · 1932
- Conley v. FenelonMassachusetts Supreme Judicial Court · 1929
- Barringer v. NorthridgeMassachusetts Supreme Judicial Court · 1929
22 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Himelfarb v. Novadel Agene Corp.Massachusetts Supreme Judicial Court · 1940
- In re MayberryMassachusetts Supreme Judicial Court · 1936
- Hyde Park Savings Bank v. DavankoskasMassachusetts Supreme Judicial Court · 1937
- Neilson v. Malcolm Kenneth Co.Massachusetts Supreme Judicial Court · 1939
- Santosuosso v. DellaRussoMassachusetts Supreme Judicial Court · 1938
29 more not listed; retrieve them via the Exa API.